• Maguire v Drake NZ Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful personal grievance - Half day investigation meeting - Applicant sought full legal costs of $2,160 plus disbursements as had made settlement offer which was rejected by respondent…
    Result:
    No order for costs ; (Filing fee)($70)
  • Suy and Anor v Van Dyck Fine Foods Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    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
  • King v Creative Energy Wholesale Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether applicant employee or contractor – Applicant managing director and significant shareholder of two companies which had commercial contracts with respondent – Applicant, through partnership, entered independent contract…
    Result:
    Application dismissed ; Costs reserved
  • Bowden v The Vice Chancellor of Victoria University of Wellington

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    BREACH OF CONTRACT – Applicant claimed salary not properly set – Applicant claimed salary had to remain relevant to requirements of position as professor of economics and finance, and that…
    Result:
    Application dismissed ; Costs reserved
  • Canon New Zealand Ltd v Allright

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    INTERIM INJUNCTION – Restraint of trade – Applicant sought urgent orders preventing respondent from acting contrary to restraint of trade provisions in employment agreement (“EA”) - Respondent gave notice of…
    Result:
    Orders accordingly ; Costs reserved
  • Salant v Hospitality Services Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful counterclaim - Less than half day investigation meeting - Respondent sought contribution of $2,500 to total costs of $8,500 - Applicant made no application - Authority used…
    Result:
    Costs in favour of respondent ($1,000)
  • DB Breweries Ltd v New Zealand Amalgamated Engineering Printing & Manufacturing Union

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Applicant sought finding that, under clause of collective employment agreement (“CEA”), able to change employees’ hours requiring them to work shifts – Applicant claimed clause unambiguous and natural…
    Result:
    Questions answered ; Costs reserved
  • Conrad v Taumata Poihipi Te Kohanga Reo

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Employment agreement (“EA”) contained provision that employee prohibited from joining KiwiSaver – Applicant claimed local supervisor (“H”) stated respondent could not afford KiwiSaver and respondent did not…
    Result:
    Application granted ; Reimbursement of lost wages ($1,464) ; Compensation for humiliation etc ($800)
  • McGee v The Warehouse Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Disciplinary inquiry into applicant’s handling of refund to customer for refrigerator - Respondent concluded applicant not followed store policy and procedure for handling refunds…
    Result:
    Applications dismissed (unjustified dismissal, unjustified disadvantage, good faith, penalty) ; Application granted (counterclaim)(recovery of monies) ; Recovery of monies ($2,454.53) ; Costs reserved
  • Parker v Silver Fern Farms Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant dismissed as result of refusal to undertake drug test – When conducting search of employees’ vehicles in work car park, respondent found small…
    Result:
    Application dismissed ; Costs reserved