• Waitai and Ors v Chief Executive of the Department of Corrections

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicants claimed personal grievance raised within 90 days – Respondent argued substance of communications did not meet s114(2) Employment Relations Act 2000 (“ERA”) – Applicants dismissed…
    Result:
    Application granted ; Costs reserved
  • Attrill v Green Cabs Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed following improper business conduct by respondent – Applicant entered into business arrangements with respondent and third party – Applicant…
    Result:
    Application granted (Arrears of wages) ; Application dismissed (Unjustified dismissal) ; Arrears of wages ($875) ; No order for costs
  • Owles v The Travel Practice Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - No appearance for respondent - Successful personal grievance - Less than one day investigation meeting - Applicant sought full costs award of $1,681 - Authority found matter not…
    Result:
    Costs in favour of applicant ($1,000)
  • Perkin v McCabe t/a McCabe Silviculture

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Applicant sought actual costs of $5,629 - Respondent submitted eight days before investigation meeting, respondent offered applicant written apology…
    Result:
    Costs in favour of applicant ($2,000) ; Disbursements in favour of applicant ($70)(filing fee)
  • Wratt v Gillespie t/a The Royal Hotel

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Whether dismissed or resigned on own accord – Misunderstanding about whether hours subject to seasonal adjustment – No employment agreement – Applicant argued unilateral variation of hours…
    Result:
    Application dismissed ; Arrears of wages ($643.58) ; Costs to lie where they fall
  • Channing & Anor v Reid (Labour Inspector)

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Wilkie & Anor v Hughes & Anor

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicants sought compliance with Authority determination AA 114/09 - Respondents not replied to applicants demands for compliance - Authority warned respondents at risk of serious consequences -…
    Result:
    Compliance ordered ; Disbursements in favour of applicants ($70)(filing fee)
  • Fleming v Delamore & Reidy Mental Health Community Support Services Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – Two day investigation meeting – Respondent sought full solicitor-client costs and disbursements totalling $37,614 – Respondent claimed applicant’s unmeritorious claims increased costs –…
    Result:
    Costs in favour of respondent ($1,000)
  • Owen v The Public Trust

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION – Application for interim reinstatement – Length of service of 40 years – Respondent argued applicant dismissed for breaching code of conduct related to complaint received about applicant from…
    Result:
    Application dismissed ; No order for costs
  • Burgess v Rustling Leaves Ltd t/a Heffs Hotel

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    BREACH OF CONTRACT – Applicant claimed respondent failed to honour agreement to pay four weeks’ wages – Applicant claimed compensation for respondent’s delay in engaging investigation – Respondent claimed half…
    Result:
    Application granted ; Damages ($1,328.36)(four weeks’ wages) ; Penalty ($2,000)(payable to applicant) ; Costs to lie where they fall