• Brown v Five Star Pork (NZ) Ltd & Anor

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Abandonment - Applicant dismissed after absent from work for three days - Applicant claimed informed operations manager (“OM”) of reasons for absence on at least one of…
    Result:
    Application granted ; Arrears ($358) ; Disbursements in favour of applicant (Quantum to be determined)
  • Maryniak v Waikato Insitute of Technology

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Less than one day investigation meeting - Respondent incurred costs of $21,585 plus disbursements - Submitted Calderbank offer made to applicant and significant delay…
    Result:
    Costs in favour of respondent ($4,150)
  • New Zealand Meat Workers & Related Trades Union Inc v Affco New Zealand Ltd

    J Wilson [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal to Employment Court - Joint request from parties - Applicant sought compliance order requiring respondent to comply with pay rates in trial agreement…
    Result:
    Application granted ; Matter removed to Court ; Costs reserved
  • Chambers v Michael Bourgeois Joinery Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - No investigation meeting - Parties resolved issues by agreement - Applicant sought costs relating to reaching settlement - Applicant sought contribution to costs of $423 being…
    Result:
    Costs in favour of applicant ($704.50)
  • Peterson v Nelson English Centre Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    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
  • Jopson & Anor v Bay Milk Distributotrs Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Respondent restructured for genuine commercial reasons - Applicants had opportunity to comment on proposed restructuring - Respondent indicated would select staff for redundancy using “last…
    Result:
    Application granted ; Compensation for humiliation etc ($2,500)(each applicant) ; Costs reserved
  • The New Zealand Tramways and Public Passenger Transport Authorities Employees' IOUW (Wellington Branch) v Mana Coach Services Ltd

    P Cheyne [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Bargaining issues - Two day investigation meeting - Respondent argued costs should not be ordered as it was challenging the determination in Employment Court or costs should lie…
    Result:
    Costs in favour of applicant ($12,000)
  • Allan v Ogilvy Wellington Ltd

    J Crichton [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Identity of employer - Number of changes to employer’s name during applicant’s employment - Original statement of problem raising disadvantage grievance named different company as employer…
    Result:
    Orders accordingly ; Costs reserved
  • Bradford v Tai Poutini Polytechnic

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant claimed reasonable expectation of continuity of employment due to series of fixed term engagements - 16 fixed term engagements as tutor of two courses - Programme…
    Result:
    Application dismissed (unjustified dismissal) ; Application granted (unjustified disadvantage) ; Costs to lie where they fall
  • Dolan v Filta Vacuum Products Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Misconduct - Respondent claimed applicant wrongly overpaid himself bonuses - During earlier discussion to determine bonus, parties had accepted figure supplied by accountant without discussing how…
    Result:
    Application granted ; Reimbursement of lost wages ($6,875) ; Compensation for humiliation etc ($10,000) ; Arrears ($25,395.37)(Bonus) ; Arrears of holiday pay ($8,303.90) ; Interest (8.7%) ; Counterclaim granted (recovery of monies) ; Recovery of monies ($36,283.94) ; Interest (8.7%) ; Costs reserved