• Peach v Bagirathi Enterprises Ltd t/a Vita Health Stores

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Less than three hour investigation meeting - Applicant sought contribution to actual costs of $2,250 - Respondent claimed unable to afford costs - No…
    Result:
    Costs in favour of applicant ($600)
  • Hunt and Ors v Transportation Auckland Corporation Ltd t/a Stagecoach Auckland

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Alleged two of the six redundant jobs still existed and applicants should have had opportunity to apply for those jobs – Alleged breach of duty…
    Result:
    Applications dismissed ; Costs reserved
  • Hilbers v Bollocks Bar & Brasserie Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant lost temper frequently – Abusive and derogatory towards other staff members – Apologised after each episode - Managing director told applicant job in…
    Result:
    Application granted ; Costs reserved
  • John Gilbert & Company Ltd and Anor v Chiu and Anor

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT - Alleged failure to provide proper notice of resignation – Employment agreement required one month’s written notice of termination – Employee provided three weeks written notice of…
    Result:
    Application dismissed (Failure to provide notice) ; Application granted (Overpayment of salary) ; Monies in favour of employer ($1,087.91)(Repayment of salary) ; Counter-claims dismissed (Unjustified disadvantage (medical insurance), Breach of contract (payment for overtime hours)) ; Counter-claim reserved for further consideration if necessary (Breach of contract (meal allowance)) ; Counter-claims granted (Unjustified disadvantage (long hours), (Arrears of holiday pay) ; Compensation for humiliation etc ($3,000) ; Arrears of Holiday Pay ($4,914.24) ; Penalty ($500)(Payable to Crown) ; Costs reserved
  • Clark v Northland Hunt Inc

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Authority had concluded it lacked jurisdiction as applicant not employee - Less than one day investigation meeting - Respondent sought contribution of $7,806 to total costs of $11,842…
    Result:
    Costs in favour of respondent ($2,000)
  • Singh v Pedetentim Enterprises Ltd t/a Blade and Tool Services

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Length of investigation meeting better part of a day - Respondent sought contribution to total costs of $2,970 - Applicant unrepresented and did not…
    Result:
    Costs in favour of respondent ($1,500)
  • Smythe v Westpac Banking Corporation

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Dispute over one aspect of employment relationship problem determined in favour of applicant – 1 ï¾½ day investigation meeting - Applicant sought contribution of $6,405 to total costs…
    Result:
    Costs in favour of applicant ($5,000)
  • New Zealand Engineering Printing and Manufacturing Union Inc and Ors v Alliance Group Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE - Interpretation of collective employment agreement (CEA") - Whether second applicants had right to be paid some of their wages in cash rather than all wages being paid in…
    Result:
    Question answered in favour of the respondent ; Costs reserved
  • McCarron v Reynolds Realty Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Respondent sold real estate business and applicant's position of property manager no longer required - Genuine redundancy - Any alleged lack of justification had to…
    Result:
    Application dismissed (unjustified dismissal) ; Application granted (Arrears of wages and holiday pay) ; Arrears of wages ($506.25) ; Arrears of holiday pay ($1,391.75 less monies paid to him while overseas) ; ($820.40)(Statutory holidays) ; Costs reserved
  • Quintal v Restaurant Brands Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Investigation meeting less than one day - As applicant on legal aid respondent sought costs equal to contribution applicant required to make to Legal…
    Result:
    Orders accordingly