• Westwell v Wheeler

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful arrears of wages claim – Applicant sought contribution to costs – Authority deducted mediation costs claimed – Respondent argued Calderbank letter offered settlement in sum greater than…
    Result:
    Costs to lie where they fall
  • Savage v Capital & Coast District Health Board

    J Crichton [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed first dismissal letter breached collective employment agreement (“CEA”) therefore unjustified – Respondent argued dismissal letter void for error and immediately withdrawn once error…
    Result:
    Application dismissed ; Costs reserved
  • Kimber v New Zealand Fire Service

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed employment agreement (“EA”) did not entitle respondent to dismiss applicant for failure to obtain prescribed qualification, therefore dismissal substantively unjustified – Respondent…
    Result:
    Application dismissed ; Reinstatement declined ; Costs reserved
  • Leathard v S&S Foods Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed demotion caused disadvantage and breach of duty sufficiently serious to make resignation reasonably foreseeable – Respondent argued no demotion…
    Result:
    Application dismissed ; Counterclaim dismissed ; Costs reserved
  • Bregmen-Lyon v Zhao & Dai Ltd t/a Pizza Fresco""

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive dismissal – No appearance for respondent – Applicant claimed resignation due to breach of oral employment agreement (“EA”) – Applicant offered and accepted…
    Result:
    Application granted ; Application dismissed (Penalty) ; Reimbursement of lost wages ($1980) ; Compensation for humiliation etc ($3,000) ; Costs in favour of applicant ($400) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Jatcom Printing Ltd v Cox

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with record of settlement - Respondent denied breaching settlement - Parties agreed to timetable for investigation meeting - Authority found applicant failed to provide…
    Result:
    Application dismissed ; Costs reserved
  • Salinger v National Institute of Water and Atmospheric Research Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant lodged amended interlocutory application for deletion of evidence and paragraphs of statement in reply and prohibition of publication – Respondent sought name suppression of individuals…
    Result:
    Orders made
  • Fadheel v Waitemata District Health Board

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed respondent’s failure to conduct fair and full inquiry into applicant’s complaints caused disadvantage – Respondent argued preliminary conclusion justified for fair investigation – Applicant lodged…
    Result:
    Application granted ; Compensation for humiliation ($5,000 reduced to $3,000) ; Costs reserved
  • Dunlop v Envirostate Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor performance – Applicant subject to three month trial period – Applicant’s performance reviewed at one month point and was dismissed – Applicant claimed dismissal unjustified –…
    Result:
    Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved
  • Miller v Carson Racing Group Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance, arrears of wages and penalty claims – Half day investigation meeting - No appearance for respondent – Applicant sought full costs of $6,606.
    Result:
    Costs in favour of applicant ($2,000)