• Cheng v Base Projects Ltd (in liquidation)

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed – Respondent argued applicant sent home until ready to attend meeting to discuss employment issues – Respondent argued when applicant did not return…
    Result:
    Application dismissed (dismissal) ; Application granted (disadvantage) ; Application dismissed (counterclaim)(breach of contract) ; Costs reserved
  • Pani v Transportation Auckland Corporation Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant summarily dismissed following finding either involved in taking, or assisted co-worker (“S”), in taking items from Christmas hampers being gifted to respondent’s employees…
    Result:
    Application dismissed ; Costs reserved
  • Foulkes v Good Start Property Developments Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages, holiday pay and bonuses – Respondent acknowledged obligations to pay arrears of wages and holiday pay – Respondent…
    Result:
    Application granted ; Arrears of wages, holiday pay and bonuses ($1,287.96) ; No order for costs
  • Rawiri v The Attorney-General in respect of the Chief Executive of the Inland Revenue Department

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s refusal to pay “retiring leave” – Applicant accepted role with another employer (“A”) and gave notice of retirement to respondent –…
    Result:
    Application dismissed ; Costs reserved
  • Homan v New Zealand Fire Service

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance claims - Two day investigation meeting - Applicant claimed entitled to challenge legality of respondent’s actions - Claimed respondent’s costs increased by briefing out of…
    Result:
    Costs in favour of respondent ($5,500) ; Disbursements in favour of respondent ($750)
  • McMillan v Timaru District Council

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether applicant barred from pursuing personal grievance because received accord and satisfaction by virtue of signed resignation letter and subsequent payment of four weeks in lieu…
    Result:
    Application granted ; Orders made ; Costs reserved
  • Brader v Shewen t/a E2 Consultants Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed unpaid wages, tool allowance and holiday pay – Respondent argued monies not owed – Neither party attended investigation meeting – Applicant…
    Result:
    Application dismissed ; Costs reserved
  • Maritime Union of New Zealand v Ports of Auckland Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Interpretation of collective employment agreement (“CEA”) – Whether half hour briefing time allowance in CEA applied to outgoing shift as well as incoming shift – Applicant argued applied…
    Result:
    Questions answered ; Costs reserved
  • Singh v Impact Electrical Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with mediated settlement - Respondent argued could not pay sum required in settlement in full, but was making regular instalments - Applicant argued sums…
    Result:
    Compliance ordered
  • Woodhead v Resene Paints Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievances - Approximately one day investigation meeting - Respondent sought contribution of $4,750 to greater actual costs - No appearance for applicant - Authority found $3,000…
    Result:
    Costs in favour of respondent ($3,000)