• Parnell and Ors v Fletcher Building Products Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Applicants had been made redundant – Whether employer's superannuation contributions should have been treated as “salary” when calculating redundancy payment – Intention of parties best shown in offer…
    Result:
    Questions answered ; Monies owing (underpayment of untaken leave) ($1,380.96)(DP) ; $2,236.77)(DE) ; ($1,195.73)(PA) ; Costs to lie where they fall
  • Lieshout v Alliance Group Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant worked in carton room - Found pallets in carton room stacked too high - Three complaints to respondent to resolve problem - Problem tended to occur…
    Result:
    Application granted ; Reinstatement ordered ; Order that verbal warning be expunged from applicant's record ; Compensation for humiliation etc ($2,500) ; Costs reserved
  • Te Kare v Toll New Zealand Consolidated Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Serious misconduct - Applicant's supervisor (S") alleged applicant threatened him with physical violence - S instructed applicant to go home until meeting set up…
    Result:
    Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($17,017 reduced to $8,508.50)(10 months) ; Compensation for humiliation etc ($4,000 reduced to $2,000) ; Costs reserved
  • Masefield v Watkins and Anor

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Applicant required to send Authority information about legal fees within 14 days of substantive determination - Change of representative - Costs advice not received…
    Result:
    No order for costs
  • Tindall and Anor v Watha Management Ltd and Ors

    V Campbell [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Found first applicant employed by first respondent and had successful personal grievance - Also found second applicant not employed by any of the respondents - No written employment…
    Result:
    Costs to lie where they fall
  • Conroy v Hillis Shearing Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Previous Authority determination found applicant unjustifiably dismissed - Parties unable to calculate reimbursement of lost wages - Applicant offered work on every day shearing gang worked…
    Result:
    Reimbursement of lost wages ($3,676.50 reduced to $3,125.03) ; Costs in favour of applicant ($2,650)
  • Kirkwood v On Gas Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance on grounds of procedural unfairness only and 80 percent contributory conduct - Length of investigation meeting not specified - Applicant sought contribution of $2,260 costs…
    Result:
    No order for costs
  • Galpin v UNITEC

    K Raureti [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - Application for leave to raise personal grievance out of time - Classes applicant was assigned to teach ended - Applicant alleged unaware employment had ended until…
    Result:
    Application dismissed ; Costs reserved
  • Read v Darrah

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance, successful claim for arrears of wages and successful counterclaim for monies owed - Investigation meeting less than ï¾½ a day - Both parties partially successful…
    Result:
    Costs to lie where they fall
  • Oh v Bluebird Foods Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant brought friend onto respondent's premises without signing in as required and without reporting to security guard - Friend found by…
    Result:
    Application dismissed ; Costs reserved