• McLennan v South Taranaki Free Kindergarten Association Inc and on behalf of the Avon Kindergarten

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Serious misconduct - Number of problems between parties - Allegation applicant breached policy by talking to journalist without prior authorisation and had used threatening…
    Result:
    Application granted ; Reimbursement of lost wages (Quantum to be determined less 1/3rd contributory conduct) ; Compensation for humiliation etc ($10,000 reduced to $6,667) ; Reinstatement ordered ; Costs reserved
  • Osborne v Crop and Food Research Institute

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application for joinder – Respondent sought to join applicant’s former counsel to costs application on basis of criticism in substantive determination of quality of advice given…
    Result:
    Application dismissed (Joinder) ; Costs in favour of respondent ($5,000)
  • Harris v Charter Trucks Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance - Interim application and substantive meeting took under five hours - Respondent sought contribution of two thirds of total costs of $6,000 - Applicant submitted…
    Result:
    Costs in favour of respondent ($1,250)
  • Muir v Savour & Devour Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - COMPLIANCE ORDER - Application to reopen investigation and join another party - Authority had previously found respondent unjustifiably dismissed applicant and awarded remedies - Later awarded…
    Result:
    Orders accordingly ; Costs reserved
  • Sparrow v Air New Zealand Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Complaint by customer that applicant had assaulted customer's five year old daughter - Manager did series of interviews with staff, complainant and complainant's mother,…
    Result:
    Application granted ; Compensation for humiliation etc ($5,000) ; Reinstatement granted ; Costs reserved
  • Kumar v McDonald's Restaurants (New Zealand) Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Summary dismissal - Dismissal resulted from complaints of sexual harassment - The two employees who had complained later gave written statements in which they each purported to…
    Result:
    Application dismissed ; Orders accordingly ; Costs reserved
  • Rota v Sea Products Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Failure to obey lawful and reasonable instruction - Heated argument took place between applicant and two other employees - Applicant repeatedly…
    Result:
    Application dismissed ; Costs reserved
  • Mohammad v Salmon Anglers Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES - Applicant joined fruit picking gang during Christmas school holidays with other members of his family - Failure to pay his wages - Respondent was applicant's employer…
    Result:
    Application granted ; Arrears of wages ($933.60) ; Costs to lie where they fall
  • Firestone Employees Society Inc and Others v Bridgestone New Zealand Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Partially successful application - Unsuccessful personal grievance but successful application for breach of contract and penalty - Also ordered that certain letters be removed from file - Applicants…
    Result:
    Costs in favour of applicant ($1,200)
  • Charteris v Kaituna Pastoral Farms Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Respondent sought contribution of $2,500 towards costs of $3,294 plus disbursements - Costs application out of time - Respondent neither explained nor sought leave…
    Result:
    Application dismissed