• McMichael v Rentokil Initial Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Successful personal grievance claim – Less than one day investigation meeting – Applicant sought costs of $7,875 – Respondent argued costs on indemnity basis unjustified – Authority found…
    Result:
    Costs in favour of applicant ($3,500)
  • Miles v Murrays Veterinary Clinic Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Personal grievance raised out of time – Half day investigation meeting – Respondent sought indemnity costs of $10,729 – Respondent argued incurred significant cost in defending application –…
    Result:
    Costs in favour of respondent ($4,500)
  • Carreras v Basani Ltd t/a Claret Restaurant

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Directors and shareholders of respondent were husband (“A”) and wife (“B”) – B sent meals back to applicant for correction – Applicant angry, swore at B and…
    Result:
    Application granted (dismissal) ; Applications dismissed (penalty)(breach of contract – counterclaim) ; Reimbursement of lost wages ($7,181.62 reduced to $3,590.81) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Costs reserved
  • Frawley v Employers' and Manufacturers' Association (Central) Inc

    J Crichton [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - During telephone conversation with senior employee (“C”) of entity that was member of respondent applicant became aware C discussing own employment problem - Applicant…
    Result:
    Application dismissed ; Costs reserved
  • Rathgen v Spiertz Investments Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – No appearance for respondent – Applicant argued owed holiday pay and two weeks wages in lieu of notice – Business closed before applicant…
    Result:
    Application granted ; Arrears of holiday pay ($3,055.86) ; Arrears of wages ($810) ; Disbursements in favour of applicant ($70)(filing fee)
  • Begley v Cropmark Seeds Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful application for urgent injunctive relief – Length of investigation meeting not specified – Respondent sought $5,000 contribution to costs – Applicant argued premature to consider costs before…
    Result:
    Costs in favour of respondent ($5,000)
  • Wynne v The Order of St John Midland Regional Trust Board

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Serious misconduct – Suspension – Applicant suspended while respondent investigated allegations of sexual harassment, bullying, unauthorised disclosure of co-worker’s sexual orientation, bringing of personal…
    Result:
    Application dismissed ; Costs reserved
  • Zhuang v First Mobile New Zealand Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Respondent advised applicant overpaid commission and would deduct overpayment from salary – Applicant sought legal advice and parties agreed would not pursue overpaid commission –…
    Result:
    Applications dismissed ; Costs reserved
  • Lloyd v New Zealand Fire Service Commission

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT - Applicant claimed respondent failed to comply with mediated settlement - Under settlement applicant granted leave without pay at end of which would return to duty, if…
    Result:
    Application dismissed ; Costs reserved
  • Whitney v New Zealand Post Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed for serious misconduct when informed respondent of theft conviction - Applicant dismissed from previous period of employment with respondent about 10 years…
    Result:
    Application dismissed ; Costs reserved