• Electrical Union Inc and Ors v Transfield Services (New Zealand) Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    BARGAINING – Good faith – Compliance order – Application for removal – Applicants sought respondent’s compliance with s4 Employment Relations Act 2000 – Secondly sought interim order respondent desist implementing…
    Result:
    Applications dismissed ; Costs reserved
  • Masoe v Te Roopu Awhina Ki Porirua Trust

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    INTERIM INJUNCTION – Application to restrain respondent from taking further disciplinary action against applicant – Former employee (“X”) made formal complaints against applicant – Respondent’s manager (“T”) investigated complaints –…
    Result:
    Application granted ; Costs reserved
  • Borman v The Director-Genral of Health

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustified disadvantage – Claimed failure to ensure safety at work breached employment agreement – Claimed respondent breached good faith obligations – Respondent underwent restructuring process…
    Result:
    Applications dismissed ; Costs reserved
  • Taylor v Prysmian Power Cables and Systems New Zealand Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance – One day investigation meeting – Respondent sought full solicitor-client costs of $17,500 – Respondent claimed valid Calderbank offer made therefore applicant could have avoided…
    Result:
    Costs in favour of respondent ($6,000)
  • Saunders v Northland Spars and Rigging Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance – Length of investigation meeting not specified – No remedies awarded to applicant in earlier determination due to applicant’s contributory conduct – Applicant sought $4,186…
    Result:
    Costs to lie where they fall
  • Thompson v Dundee Lumber Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance – Length of investigation meeting not specified – Applicant sought costs and disbursements totalling $2,458 – Applicant claimed entitled to disbursements for travel expenses –…
    Result:
    Costs in favour of applicant ($800) ; Disbursements in favour of applicant ($300)(Travel expenses) ($70)(Filing fee)
  • Leathard v S&S Foods Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance – Successful counterclaim – Two day investigation meeting – Respondent sought $8,000 contribution to costs – Respondent argued Calderbank offer made therefore applicant should bear…
    Result:
    Costs in favour of respondent ($3,000)
  • Kaiwai v Fresh Connection Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal – Applicant claimed resigned under duress from respondent – Respondent argued no duress and resignation voluntary – Applicant had history of punctuality problems and unexplained…
    Result:
    Application dismissed ; Costs reserved
  • Abbott v Fresh Connection Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed after altercation – Respondent argued no dismissal and sought to clarify confusion over applicant’s employment status – Applicant told co-worker (“M”) employment at…
    Result:
    Application dismissed ; Costs reserved
  • Knight v Offshore Marine Services (NZ) Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL- Serious misconduct – Applicant claimed dismissal unjustified – Respondent argued followed fair procedures therefore entitled to conclude serious misconduct for negligence or gross incompetence – Applicant instructed to…
    Result:
    Application dismissed ; Costs reserved