• Tamarua v Toll NZ Consolidated Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissed for taking eight jars of jam - Unblemished record - Respondent had installed camera surveillance because property was disappearing - Applicant adamant that…
    Result:
    Application dismissed ; Costs reserved
  • Philipsen v Monteith t/a The Central Cafe, Lyndon Road East, Hastings

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful personal grievance - 3 ï¾½ hour investigation meeting - Applicant sought total costs of $3,000 - Costs claim entirely fair and reasonable - Respondent demonstrated a…
    Result:
    Costs in favour of applicant ($3,000)
  • Johnson t/a Quality Fixers 2002 v Minhinnick

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Application to reopen investigation meeting - Ground that was never notified of original investigation meeting date and therefore could not appear - Respondent had been served…
    Result:
    Application dismissed ; Costs reserved
  • Smith v Wills

    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 - Orders specified in determination - No issue of costs
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • McAuley v Department of Labour

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PARENTAL LEAVE - Applicant filled in application form for paid parental leave prior to due date of birth and sent form to employer to complete - Did not realise that…
    Result:
    Application granted ; No order for costs
  • Metcalf (Labour Inspector) v Lalohea

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY - Failure to pay applicants minimum wage - Wages and holiday pay due and owing to two employees - Interest on arrears 7 percent -…
    Result:
    Arrears of wages ($360)(MM) ; ($243)(TM) ; Arrears of holiday pay ($384)(MM) ; ($580.50)(TM) ; Interest on arrears (7 percent) ; Penalty ($1,000)(To employees) ; ($1,000)(To crown)(Failure to pay minimum wage) ; Penalty ($1,000)(To employees) ; ($1,000)(To crown)(Failure to pay holiday pay) ; Penalty ($1,000)(To employees) ; ($1,000)(To crown)(Failure to produce wage, time and holiday records) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee)
  • Comes and Anor v National Pacific Radio Trust and Anor

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Failure to carry out reasonable instruction - Respondent had adopted travel policy requiring staff to travel to airport by shuttle during normal working hours…
    Result:
    Application dismissed ; Costs reserved
  • Peni v Levin Meats 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 - Settlement confidential - Order prohibiting publication of…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Wyllie v The Wellington Free Ambulance Service Inc

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievance - Less than one day investigation meeting - Respondent sought award of $8,500 - Applicant sought to in effect re-litigate issues - Completely irrelevant to…
    Result:
    Costs in favour of respondent ($2,000)
  • Roland v Amalgamated Builders Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Applicant sought total costs and disbursements of $5,620 - Legal fees incurred by applicant overall were reasonable - Fair…
    Result:
    Costs in favour of applicant ($2,632.50) ; Expenses ($169.50)(Accommodation) ; ($1,063)(Airfares) ;