• Bardick v Mosgiel Abilities Resource Centre Inc.

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Respondent refused to pay applicant’s travel expenses after applicant lost licence – Applicant refused to comply with changes to way timesheet provided so respondent did…
    Result:
    Application dismissed (Disadvantage) ; Orders accordingly
  • O'Brien v Xtend-Life Natural Products (International) Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant sent email to respondent stating position untenable – Respondent called meeting same day – Applicant expressed lack of trust and confidence in respondent…
    Result:
    Application dismissed ; Costs reserved
  • Tian v Hollywood Bakery (Holdings) Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant sought withdrawal of written warning, apology and compensation – Authority granted urgency to investigation due to continuing employment relationship problem between parties – No written employment…
    Result:
    Application granted ; Compensation for humiliation etc ($1,000 reduced to $800) ; Costs to lie where they fall
  • Crown v Tiroa E" & Te Hape "B" Trust"

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent trusts with close wh�nau relationships with employees – Misunderstanding and argument occurred between applicant and farm manager (“W”) – W complained to member…
    Result:
    Application granted ; Reimbursement of lost wages ($2,541.66) ; Interest (9%) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Talataina v Guardian Healthcare Group Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant represented by union, which bore costs of claim - Applicant argued unions may recover costs in…
    Result:
    Costs in favour of applicant ($500) ; Disbursements ($70)(Filing fee)
  • Betts v Kawaroa Consultancy Ltd and Anor

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Admissibility of evidence - Respondents sought to have document applicant sought to have admitted as evidence, and any reference to it, removed from record - Respondents…
    Result:
    Orders made ; No order for costs
  • Jones v Brewer

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether employee or independent contractor - No appearance for respondent - No written employment agreement - Applicant performed brick laying work for respondent - Respondent paid in cash…
    Result:
    Applications granted (Jurisdiction, Unjustified dismissal, Arrears of holiday pay) ; Reimbursement of lost wages ($12, 792) ; Compensation for humiliation etc ($2,500) ; Arrears of holiday pay ($787.20) ; Costs in favour of applicant ($1,650)
  • Labour Inspector (Lines) v McCarthy

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER - Compliance with demand notice sought - No objection to demand notice - No appearance for respondent - Respondent made partial payment but amount still outstanding - Authority…
    Result:
    Compliance ordered ; Costs to lie where they fall
  • Gibbons v Koves Plastic Industries Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed for redundancy – Applicant met with respondent’s general manager (“H”) to discuss proposal to disestablish applicant’s position – Applicant notified position disestablished next…
    Result:
    Application granted ; Compensation for humiliation etc ($2,250) ; Costs in favour of applicant ($1,250)
  • Edmonds v Allied Petroleum (NI) Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievance - One day investigation meeting - Authority disregarded respondent’s costs submissions where referred to events during mediation - Respondent sought at least $24,000 costs -…
    Result:
    Costs in favour of respondent ($3,000) ; Disbursements ($648)