• New Zealand Amalgamated Engineering Printing & Manufacturing Union (Inc) v SCA Hygiene Australasia Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Parties agreed to two week annual shut down during Christmas and New Year – Dispute as to appropriate payment for public holidays over shut down – Applicant argued…
    Result:
    Questions answered ; Costs reserved
  • Short v Walton Special Vehicles and Conversions Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Respondent invited applicant to meeting without notice of subject – Respondent advised business in financial difficulties and gave notice position in jeopardy and sought input…
    Result:
    Application granted ; Reimbursement of lost wages ($2,400)(2 weeks) ; Compensation for humiliation etc ($5,000) ; Arrears of redundancy payment less final pay ($1,619.24) ; Costs in favour of employee ($1,500) ; Disbursements in favour of employee ($123.90)
  • Challis v Manukau City Council

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - DISPUTE – Applicant sought compliance with terms of settlement – Clause stated respondent to pay applicant “$x (gross)” being legal costs and other lost benefits – Respondent…
    Result:
    Application granted ; Orders made ; Interest (7.8%) ; Costs reserved
  • Pohatu v Kaiti School Board of Trustees

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance – Two and a half day investigation meeting – Actual costs incurred by respondent approximately $30,000 – Respondent sought $20,000 reasonable contribution to costs –…
    Result:
    Costs in favour of respondent ($9,000)
  • O'Malley v Te Oranganui Iwi Health Authority

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    BREACH OF CONTRACT – Breach of mediated settlement – Parties reached confidential mediated settlement following applicant’s dismissal grievance – Term of settlement that parties make “no statement on this matter…
    Result:
    Application dismissed ; Costs reserved
  • Kidd v The Prenzel Distilling Company Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Withdrawn personal grievance - No investigation meeting - Respondent sought costs - Applicant argued costs to lie where they fall - Applicant notified Authority month prior to investigation…
    Result:
    No order for costs
  • Amey v Komene & Anor

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Identity of employer - Application to reopen personal grievance - No appearance for respondent - When employment relationship ended, applicant raised personal grievance and notified employer…
    Result:
    Application dismissed (Reopening of personal grievance) ; Arrears of wages ($1,777.84) ; Application granted (Penalty)($4,000)(payable to applicant) ; Costs to lie where they fall
  • Rogers v Queenin

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – No appearance for respondent – Authority found respondent’s previous written responses amounted to information but not sworn evidence – No written employment agreement (“EA”) – Respondent…
    Result:
    Applications granted (arrears of wages)(arrears of holiday pay) ; Application dismissed (disadvantage) ; Arrears of wages ($2,259.76) ; Arrears of holiday pay ($378.84) ; Interest (7.8%) ; Disbursements in favour of applicant ($70)(filing fee)
  • Dowds v Universal College of Learning

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant signed five year fixed term employment agreement (“EA”) that included redundancy clause - Following consultation process applicant’s employment terminated for redundancy before expiry of…
    Result:
    Application dismissed ; Costs reserved
  • Service and Food Workers Union v Sanford Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Applicant’s member’s current collective employment agreement (“CEA”) contained different wage scale to earlier CEA – Authority found issue was placement of continuing employees on new wage matrix in…
    Result:
    Questions answered in favour of respondent ; Costs to lie where they fall