• Nimmo v Kaipara Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Respondent became aware of irregularities in use of gas cylinders so marked the cylinders in order to be able to track…
    Result:
    Application dismissed ; Costs reserved
  • Timu v Waitamata District Health Board

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent sought contribution of $9,000 to total costs of $21,000 - Normally cost award of $3,000 would…
    Result:
    Costs in favour of respondent ($5,000)
  • Wiley v Benge t/a Bencarri Farm

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether person intending to work - Credibility - Differing versions of events - Discussion occurred between parties - Applicant alleged was an interview and was offered employment,…
    Result:
    Application dismissed ; Costs reserved
  • Sinclair v Local Media Group Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Agreement between respondent and company of which applicant was principal - Agreement described applicant as contractor" - Applicant considered himself to be…
    Result:
    Application dismissed ; Costs reserved
  • Emery v Sand Piper Lodge Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Failure to pay applicant one week's wages - As a consequence applicant resigned - Applicant right to act in repudiatory fashion because of…
    Result:
    Arrears of wages ($1,880) ; Arrears of holiday pay ($1,300.32) ; Interest (9 percent) ; Disbursements in favour of applicant ($70)
  • Prescott v Attorney-General in respect of the Chief Executive of the Ministry of Fisheries

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - During investigation meeting parties arrived at settlement - Authority agreed to record settlement by way of consent determination - Settlement confidential - Detail of settlement prohibited from…
    Result:
    Consent order made ; Orders accordingly ; No order for costs
  • Taka v Waste Management NZ Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of terms to preserve parties' agreement on…
    Result:
    Consent order ; Orders accordingly ; No order for costs
  • Leslie v Kate Sheppard Lifecare Centre Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance - ï¾½ day investigation meeting - Respondent sought costs on indemnity basis - Alleged applicant's claim had no merit - Applicant alleged costs should lie…
    Result:
    Costs in favour of respondent ($500) ; Orders accordingly
  • Walker v Telecom New Zealand Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    RAISING OF PERSONAL GRIEVANCE - Determination focused on events that occurred within 90 days preceding applicant raising grievance - Dispute over whether applicant could validly raise a grievance by allegedly…
    Result:
    Application dismissed ; Costs reserved
  • Breen v Tulloch Transport Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - 3ï¾½ hour investigation meeting - Applicant sought costs of $2,535 - Respondent sought lower award on basis that part of costs claimed were in…
    Result:
    Costs in favour of applicant ($750)