• Cottle v Maintenance Manawatu Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Partially successful personal grievance – Half day investigation meeting – Applicant argued difficulties incurred in obtaining wage records – Respondent failed to pay wages originally agreed – Applicant…
    Result:
    Costs in favour of applicant ($1,500)
  • Mawley v Jorgensen t/a Barista the Expresso Bar

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful practice and procedure claim - Less than half day investigation meeting - Applicant sought full solicitor client costs of $1,500 plus GST - Applicant claimed respondent made…
    Result:
    Costs in favour of applicant ($750)
  • Jones v Innovative Interiors Wellington Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful personal grievance claim - Half day investigation meeting - Respondent claimed applicant contributed to situation leading to grievance and did not attempt to mitigate loss so should…
    Result:
    Costs in favour of applicant ($1,500)
  • O'Donoghue v Regent Training Centre Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant filed application of constructive dismissal and unjustified disadvantage – Respondent argued grievance not raised within 90 day period – Applicant resigned from position following various…
    Result:
    Application granted ; Orders accordingly ; Costs reserved
  • Waara v Aotearoa Coolstores Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Respondent’s director (“T”) reduced applicant’s wage from $22 to $20 per hour for failure to follow instructions – No opportunity for applicant to explain…
    Result:
    Applications granted ; Arrears of wages ($2,838)(2 weeks) ; Arrears of wages ($1,032)(unilateral reduction in wage) ; Arrears of holiday pay ($3,173.84)(including wrongful deduction of holiday pay) ; Reimbursement of lost wages (3 months less other earnings)($10,880) ; Compensation for humiliation etc ($8,000) ; Loss of benefit (14 weeks paid parental leave entitlement)($5,703.32) ; Costs reserved
  • Pittard v ERS NZ Ltd t/a Transpacific Industrial Solutions

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Respondent took over contract of applicant’s former employer (“D”) - Applicant claimed unjustifiably dismissed when respondent refused to engage him in takeover – Respondent argued no duty…
    Result:
    Application granted ; Reimbursement of lost wages ($7,200) ; Compensation for humiliation etc ($7,000) ; Disbursements in favour of applicant ($70)
  • Dauniseka v Wairarapa United Football Club Inc. and Ors

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Applicant professional soccer player from Fiji - Applicant claimed first respondent (“Club”), second respondent (chairman and coach of Club)(“K”) and third respondent (company sponsoring Club, with K as…
    Result:
    Application dismissed ; Costs reserved
  • New Zealand Merchant Service Guild & Ors v Real Journeys Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    BREACH OF CONTRACT – GOOD FAITH – UNJUSTIFIED DISMISSAL – Applicants claimed respondent misapplied relevant section of Collective Employment Agreement (“CEA”) and breached good faith obligations – Respondent made proposal…
    Result:
    Application dismissed ; Costs reserved
  • Hobbs (Labour Inspector) v Wilson Property Care Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER - Applicant Labour Inspector alleged respondent had failed to honour agreement to pay arrears of wages and holiday pay to employee under agreed instalment plan - Respondent acknowledged…
    Result:
    Compliance ordered ; Costs to lie where they fall
  • Begley v Cropmark Seeds Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION – Application to prevent respondent from taking further steps in relation to restructuring proposal and disciplinary process concerning applicant until receivership application in High Court determined – Applicant suspended…
    Result:
    Application dismissed ; Costs reserved