• Porter v Johnson Diversey New Zealand Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Interpretation of individual employment agreements (IEAs") - Applicant brought representative claim on behalf of other employees - Claimed entitled under IEA to additional five days leave over and…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Kooij v ANZ National Bank 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
  • Lapthorn v Hayes

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Partially successful personal grievance - One and a half day investigation meeting - Applicant sought full indemnity costs - No supporting documentation provided demonstrating costs incurred - Respondent…
    Result:
    Costs in favour of applicant ($3,000)
  • Van Leeuwen v Canterbury District Health Board

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Applicant submitted costs to lie where they fall as he was legally aided and impecunious - Respondent…
    Result:
    Costs to lie where they fall
  • Taylor v Afu Finance Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Respondent claimed all workers contractors not employees - Applicant denied signing contractor agreement when started work - Application form labelled for contractors"…
    Result:
    Application granted ; Reimbursement of lost wages ($6,500) ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • Williams v Napier Motors Ltd t/a Dunedin City Ford

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant saw co-worker viewing pornographic image on manager's computer screen (First incident) – Applicant shocked and upset – Applicant made complaint to manager – Manager assured applicant…
    Result:
    Application granted ; Reimbursement of lost wages ($10,000 reduced for contribution) ; Compensation for humiliation etc ($7,500 reduced for contribution) ; Costs reserved
  • Hertel v GCB Construction Ltd & Ors

    A Dumbleton [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought to have question of third applicant’s personal liability determined – Authority reserved question in earlier determination which found first respondent owed applicant bonus –…
    Result:
    Orders accordingly ; No order for costs
  • Sharma v Medictronix New Zealand Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy - No appearance for respondent – Applicant’s evidence unchallenged – Parties agreed applicant could take three months leave – Contrary to agreement, applicant not paid while…
    Result:
    Application granted ; Reimbursement of lost wages ($6,057.70) ; Compensation for humiliation etc ($8,000) ; Arrears of wages ($10,451.36) ; Interest (10%) ; Penalty ($3,000)(Payable to Crown) ; No order for costs
  • Green v Norske Skog Tasman Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant’s position disestablished when payroll duties transferred to overseas parent company - Redundancy genuine - Consultation adequate and applicant’s feedback considered - Applicant claimed opportunities…
    Result:
    Application dismissed ; Costs reserved
  • Duncan v Renesha Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Respondent to pay applicant total sum of $1,800 by way…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs