• Dams v Powerbeat International Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Two day investigation meeting - Applicant sought contribution to total costs of $5,568 - Applicant's costs very modest in circumstances - Notional rate to…
    Result:
    Costs in favour of applicant ($4,350)(including disbursements)
  • Bolton v Nuwaiseeb Ltd (formerly Bright Tiles Ltd)

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Purported fixed term did not meet statutory requirements as no reasonable grounds for end of employment - Sales down but applicant claimed did not understand…
    Result:
    Application granted (Breach of contract) ; Damages (Quantum to be determined) ; Application dismissed (Dismissal) ; Costs reserved
  • Barlow and Anor v Bushline Trust Partnership

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER - Applicants sought compliance with mediated settlement agreement - Respondent submitted monies now sought by applicants not provided for in original settlement - Settlement included term referring issue…
    Result:
    Compliance ordered ; Interest 9% ; Costs reserved
  • Komene v Nisroc Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Misconduct - No appearance by respondent - No written employment agreement - Respondent submitted applicant casual employee - Work allocated by weekly roster but applicant worked regular…
    Result:
    Application granted ; Reimbursement of lost wages ($500) ; Compensation for humiliation etc ($2,000) ; Arrears of wages ($526) ; Holiday pay ($463.11) ; Costs to lie where they fall ; Disbursements in favour of applicant ($70)(Filing fee)
  • Brown v Trans Otway Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION - Interim reinstatement - Applicant dismissed after client’s freight damaged - Arguable case as applicant’s fault in causing damage disputed and elements of respondent’s process questioned - Strongly arguable…
    Result:
    Application granted ; Interim reinstatement ordered ; Costs reserved
  • Stevens v Nelson Marlborough Institute of Technology

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal to Employment Court - Submitted important questions of law likely to arise other than incidentally and in all circumstances Court should determine…
    Result:
    Application granted ; Costs reserved
  • The Former Crew of MFV Aleksandr Ksenofontov" v DV Ryoprodukt Ltd"

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal to Employment Court - Applicants sought compliance with earlier Authority determination - Determination subsequently challenged to Court but matter not yet heard -…
    Result:
    Application granted ; Orders accordingly ; No order for costs
  • Moore v Real World Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought unpaid wages, holiday pay and reimbursements of expenses - Respondent did not dispute claim but did not pay outstanding amount when…
    Result:
    Application granted ; Arrears of wages ($7,213.64) ; Arrears of holiday pay ($1,236.60) ; Expenses ($1,057.80) ; Costs in favour of applicant ($1,350) ; Disbursements ($70)(Filing fee)
  • Lee v Air New Zealand Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Restraint of trade – Applicant sought declaration regarding interpretation, application, and operation of employment agreement – Applicant senior marketing manager at respondent – Non-competition clause stated could not…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Kurene and Anor v United Group Rail (NZ) Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful personal grievance - Two investigations spread over three days - Applicant sought full costs of $49,667 plus disbursements - Respondent agreed to interim reinstatement and that applicant…
    Result:
    Costs in favour of applicants ($12,000) ; Disbursements ($1,084.74)