• Robertson v New Zealand Fire Service Commission

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance - Award less than Calderbank offer - Two day investigation meeting – Respondent sought total contribution and disbursement of $22,000 - Authority found Calderbank offer…
    Result:
    Costs in favour of respondent ($7,000) ; Disbursement in favour of respondent ($1,292.25 after deduction) (Air fares)($1,266.95 after deduction)(Accommodation) ($324.00)(Photocopying) ($44.45)(Taxi)
  • Newble v Moda Pietra Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - No appearance for respondent - Applicant had communication difficulties with co-worker (“M”) - Altercation between applicant and M in which applicant made reference to “monkeys” - Altercation…
    Result:
    Application granted ; Reimbursement of lost wages ($1,760) ; Compensation for humiliation etc ($5,000) ; Costs in favour of applicant ($750) ; Disbursements in favour of applicant ($70)(Filing fee)
  • McCauley v SCA Hygiene Australasia Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    INTERIM INJUNCTION – Application for interim reinstatement – Applicant sought interim reinstatement following summary dismissal for misconduct – Respondent argued dismissal justified for failure to follow lawful instructions – Applicant…
    Result:
    Application dismissed ; Costs reserved
  • Dodson v Pulse Utilities New Zealand Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - 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
  • Houghton v The Perfect Food Company Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant sought reasonable contribution to costs - Respondent sought costs to lie where they fall - Respondent…
    Result:
    Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Nimick v Xegen Internet Technologies Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed following altercation with respondent regarding arrears of holiday pay, expenses and salary – Applicant entered into new employment agreement (“EA”) beginning of second…
    Result:
    Application granted ; Compensation for humiliation etc ($1000 after contribution) ; Arrears of holiday pay ($9,254.82) ; Disbursement in favour of applicant ($70.00)(Filing fee)
  • Opetaia v Trans Otway Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustified disadvantage following suspension and demotion – Applicant hired as supervisor – Letter sent to applicant outlining performance concerns and misconduct allegations – First disciplinary…
    Result:
    Applications granted ; Reimbursement lost wages ($2,070.80)(2 weeks) ; Arrears of wages ($124.00)(1 day sick leave) ; Arrears of holiday pay ($372.00)(3 days) ; Compensation for humiliation etc ($9,500) ; Costs reserved
  • Parish v Telecom New Zealand Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Incapacity – Applicant claimed unjustifiably dismissed following medical incapacity – Applicant injured back at staff social function in 2003 – Applicant reduced hours, received leave and resumed…
    Result:
    Application dismissed ; Costs reserved
  • Shale v Enduring Sales Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant incurred actual costs of $5629 - Applicant sought $3500 contribution to costs - Respondent argued award…
    Result:
    Costs in favour of applicant ($3,000) ; Application declined (Joinder)
  • Denyer (Labour Inspector) v Revolution Productions Int. Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY – No appearance for respondent – Applicant labour inspector claimed employee owed holiday pay - Applicant calculated holiday pay entitlement through IRD records and employee’s advice…
    Result:
    Applications granted ; Arrears of holiday pay ($4,545.56) ; Penalty ($2,000)(payable to Crown) ; Disbursements in favour of applicant ($70)(filing fee)