• Sutherland v The Proprietors of Te Whakaari Inc t/a Tukemokihi Station

    D King [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether personal grievance raised within 90 day period – Applicant issued with final written warning – Applicant on ACC – Applicant subsequently dismissed for medical incapacity…
    Result:
    Application granted ; Costs reserved
  • Taylor v Bae Systems Australia Shipbuilding (NZ) Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – UNJUSTIFIED DISADVANTAGE – Applicant paid respondent’s contractors (“E”) to paint roof on own private house – Applicant claimed not responsible for managing day to…
    Result:
    Application dismissed (Penalty) ; Applications granted (Dismissal)(Disadvantage) ; Reimbursement of lost wages ($27,761.54 reduced to $22,209.23) ; Compensation for humiliation etc ($7,000 reduced to $5,600) ; Loss of benefit ($117,988.26)(Redundancy entitlements) ; Interest (4.79%) Costs reserved
  • Kavanagh v Ascot Aluminium Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance claim - Successful arrears of wages and holiday pay claim - One day investigation meeting - Applicant sought $9,000 contribution to total costs of $14,195…
    Result:
    Costs in favour of applicant ($4,000) ; Disbursements in favour of applicant ($110)
  • New Zealand Tramways and Public Passenger Transport Employees Union Inc (Wellington) v Mana Coach Services Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Bates v Aden Electrical Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Respondent argued applicant resigned by email – Applicant failed to withdraw resignation or indicate belief respondent responsible for resignation – Following resignation applicant incorporated…
    Result:
    Application dismissed ; Counterclaim dismissed ; Costs reserved
  • Bennett v Bright Wood New Zealand Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER - COSTS - Parties reached agreement as to costs - Applicant to pay respondent $750 contribution to costs
    Result:
    Orders made ; Costs in favour of respondent ($750)
  • Johnson v New Zealand Racing Board

    V Campbell [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance – Two day investigation meeting – Applicant sought $5,169 full legal aid costs – Respondent argued put to unnecessary costs as result of applicant’s failure…
    Result:
    Costs in favour of applicant ($3,000)
  • Anderson v Clip Joint Hair Salon

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Partially successful personal grievance – Length of investigation meeting not specified – Respondent sought $6,000 actual costs – Respondent claimed offered valid Calderbank offer – Applicant argued legally…
    Result:
    Costs to lie where they fall
  • Ousley v Silver Ferns Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    HEALTH AND SAFETY - BREACH OF CONTRACT - Applicant claimed respondent failed to provide safe workplace - Claimed beef offal room frequently under staffed because of serious absenteeism - Claimed…
    Result:
    Applications dismissed ; Costs to lie where they fall
  • Kirkwood v DAS Transport Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal - No appearance for respondent – Applicant claimed respondent failed to provide healthy and safe workplace, and was subjected to abusive language and physical assaults…
    Result:
    Applications granted ; Reimbursement of lost wages ($5,833.33) ; Compensation for humiliation etc ($10,000) ; Interest on arrears of holiday pay (quantum to be determined) ; Medical costs ($80) ; Lost wages for attendance at mediation and investigation meeting ($672) ; Costs reserved