• Monahan v Lister's Pioneer Services Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant unrepresented at investigation meeting and did not claim costs - However, respondent sought costs on solicitor/client…
    Result:
    Costs in favour of respondent ($1,000)
  • Shell v Ohibro Ltd (formerly called Gandalf Group Ltd)

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    DISCRIMINATION – UNJUSTIFIED DISADVANTAGE - No appearance for respondent – Applicant’s unchallenged evidence accepted - Applicant alleged discriminated against on grounds of family status – One month after returned from…
    Result:
    Applications granted ; Reimbursement of lost wages ($1,250 nett) ; Compensation for humiliation etc ($15,000) ; Costs in favour of applicant ($1,974.25)
  • du Plessis v Brezelmania Ltd

    D Asher [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
  • Innes v Miyazawa

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Application to strike out - Identity of employer - Grievance initially filed against company but amended statement of problem named respondent as employer - Respondent contended…
    Result:
    Orders accordingly ; Application struck out ; Costs reserved
  • Williams v Camira Furniture Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - No written employment agreement - Respondent claimed applicant unprofessional, not maintaining relationships with clients and failed to generate business - Respondent claimed had not…
    Result:
    Application granted ; Compensation for humiliation etc ($5,000 reduced to $3,500) ; Recovery of monies ($4,635) (Payable to respondent) ; Costs reserved
  • Waipouri v Rightside Properties Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - No appearance for respondent - Applicant's evidence unchallenged - - Applicant rented room at respondent's hotel, and initially voluntarily assisted with maintenance - Respondent's director and applicant…
    Result:
    Application granted ; Reimbursement of lost wages ($11,050)(25 weeks) ; Compensation for humiliation etc ($3,000) ; Costs reserved
  • Darbyshire & Anor v PPCS Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful health and safety claim and compensation claims - 3 ï¾½ days investigation meeting - Respondent sought contribution to costs of $18,374 of total costs of $20,540 -…
    Result:
    Costs in favour of respondent ($10,000)
  • Kinney v Security Firsty Holdings Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably constructively dismissed - Claimed resignation caused by suspension without pay over disciplinary issue and by hostile and unsafe work environment -…
    Result:
    Application dismissed (unjustified dismissal) ; Application granted (unjustified disadvantage) ; Reimbursement of lost wages ($910)
  • McKenzie v Ogilvy New Zealand Ltd t/a Advertising Works Ogilvy Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Misconduct - Applicant previously warned about performance - Accidently copied internal email correspondence to client - Contained statement potentially derogatory of client - Did not report incident…
    Result:
    Application granted ; Compensation for humiliation etc ($1,500) ; Costs reserved
  • Van Heerden v Fonterra Co-Operative Group Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Interpretation, application and operation of collective employment agreement (CEA") – Applicant’s position redundant due to restructuring – CEA provided redeployment, and redeployment process - Respondent accepted required to…
    Result:
    Question answered in favour of applicant ; Application dismissed (Compliance order) ' Leave reserved for personal grievance claim ; Leave reserved for parties to apply for further directions regarding dispute ; Costs reserved