• Davis and Anor v Toolking Plus Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – First (“W”) and second (“V”) applicants married – Applicant managed respondent’s shop and lived in flat above – Applicants claimed dismissed during heated exchange with a director…
    Result:
    Applications granted (dismissal)(arrears of wages)(breach of contract) ; Application granted (recovery of monies)(counterclaim) ; Application dismissed (penalty) ; Reimbursement of lost wages ($8,450 reduced to 5,915)(first applicant) ($2,739)(second applicant) ; Compensation for humiliation etc ($6,000 reduced to $4,200)(first applicant) ($6,000)(second applicant) ; Arrears of wages ($650)(first applicant) ($913)(second applicant) ; Arrears of holiday pay ($390)(first applicant) ($547.80)(second applicant) ; Recovery of monies ($83.48)(counterclaim) ; Proceeds from sale of business (10%)(quantum to be determined) ; Costs reserved
  • Blake v Senate Nursing Bureau Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Length of investigation meeting not specified - Applicant sought substantial contribution to actual costs of $4,570 including disbursements - Authoirty took into account actual…
    Result:
    Costs in favour of applicant ($3,000)
  • Thomas v Walkinshaw and Anor

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Length of investigation meeting not specified - Applicant sought contribution of $775 to costs - Though applicant not represented at investigation meeting sought professional…
    Result:
    Costs in favour of applicant ($600)
  • NZ Meatworkers Union and Related Trades Union Inc v Silver Ferns Farms Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal to Employment Court - Parties in dispute about interpretation of clause in 2007-2009 collective employment agreement (“CEA”) concerning annual leave entitlement after period…
    Result:
    Application granted ; Costs reserved
  • National Distribution Union v Capital & Coast District Health Board

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal to Employment Court - Respondent sought to have matter removed to Court under s178(2)(a) and (d) Employment Relations Act 2000 (“ERA”) - Important…
    Result:
    Application granted ; Costs reserved
  • Morgan v Quality Environmental Consulting Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - Applicant did not formally raise personal grievance with respondent before lodging statement of problem (“SOP”) in Authority – Respondent initially claimed lodging SOP did not validly…
    Result:
    Application partially granted (Raising personal grievance) ; Orders made ;Costs reserved
  • Melrose v Weka Group Ltd t/a The Vulcan

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Applicant claimed discriminated against by reason of pregnancy – No appearance by respondent – After seven months employment with respondent, applicant discovered was pregnant…
    Result:
    Applications granted (dismissal and disadvantage) ; Reimbursement of lost wages (23 weeks)($20,788.66) ; One month’s wages in lieu of notice ($3,916.66) ; Compensation for humiliation etc ($9,000) ; Application dismissed (parental leave) ; Costs in favour of applicant ($2,000) ; Disbursements in favour of applicant ($70)(filing fee)
  • Wynne v The Order of St John Midland Regional Trust Board

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - SEXUAL HARASSMENT – Applicant and immediate manager (“husband”) married – Applicant claimed that when marriage falling apart, husband’s conduct towards her at work affected employment to disadvantage…
    Result:
    Applications dismissed (disadvantage and dismissal) ; Costs reserved
  • Short v Walton Special Vehicles and Conversions Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Half day investigation meeting - Applicant sought $2,000 as contribution to total costs of $3,348 plus $253 disbursements - Several Calderbank offers made but…
    Result:
    Costs in favour of applicant ($1,350)
  • Wells v Rescare Management Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Applicant sought total costs award of $9,106 - Amount included mediation related costs - Respondent submitted costs claim not…
    Result:
    Costs in favour of applicant ($2,250)