• Jafa Cafe Services Ltd v Rossiter

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful breach of contract claim and unsuccessful counterclaim by way of personal grievance claim - Respondent's legal fees exclusive of GST $3,100 and disbursements $198 - Alleged unbilled…
    Result:
    Costs in favour of respondent ($1,500) ; Disbursements ($70)
    • 01 November 2004

    • AA 308B/04

  • McDonnell v the Attorney-General in respect of the Director-General of Conservation

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful personal grievance but 50 percent contributory conduct - Calderbank offer - Satisfied costs should lie where they fall
    Result:
    Costs to lie where they fall
    • 29 October 2004

    • WA 124A/04

  • Mason v Future Planning Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Parties agreed to employment relationship ending and entered into settlement agreement - Agreement provided for payment of commissions - Applicant sought compliance with agreement since amount not…
    Result:
    Compliance ordered ; Interest (7 percent) ; Costs reserved
    • 29 October 2004

    • AA 350/04

  • Sowman v Nova Institute of Education Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant told director of studies certain employee had no written employment agreement - Signed employment agreement later found - Reasonable basis to conclude applicant…
    Result:
    Application granted ; Reimbursement of lost wages (Quantum to be determined reduced by 50 percent)(3 months reduced to 1.5 months) ; Compensation for humiliation etc ($2,000 reduced to $1,000) ; Costs reserved
    • 29 October 2004

    • AA 349/04

  • Deane v Dieterle & Victory International Transport Co NZ Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
    • 28 October 2004

    • AA 348/04

  • Steadman v Department of Corrections

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Suspension and final warning - Statutory right for respondent to search any vehicle brought into prison - Respondent introduced new policy to check employees' vehicles - Communications…
    Result:
    Application granted (Final warning) ; Application dismissed (Suspension) ; Compensation for humiliation, etc ($10,000 reduced to $6,500) ; Costs to lie where they fall
  • Da Cruz v Rush Security Ltd and Ors

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Applicant sought contribution of $9,157 from total costs of $15,261 plus disbursements - Costs reasonably incurred - Applicant made…
    Result:
    Costs in favour of applicant ($2,000) ; Disbursements ($124.43)
    • 28 October 2004

    • AA 311A/04

  • Dette v Rodger and Anor t/a Hire-A-Hubby Wairarapa

    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 - Order that terms of settlement in respect…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
    • 27 October 2004

    • WA 143/04

  • Burgess v Reynolds

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Whether applicant signed employment agreement - Agreement forensically examined to determine genuineness of applicant's signature - On balance of probabilities not genuine signature -…
    Result:
    Application granted ; Arrears of holiday pay ($45.60) ; Interest (7 percent) ; Reimbursement of lost wages ($4,940)(3 months) ; Compensation for humiliation etc ($2,000) ; Costs reserved
    • 27 October 2004

    • CA 129/04

  • Century Yuasa Batteries (NZ) Ltd v Johnson

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION - RESTRAINT OF TRADE - Respondent had previously sold agency business to applicant - Respondent resigned and set up own business - Whether enforceable restraint of trade - Whether…
    Result:
    Application dismissed ; Costs reserved
    • 27 October 2004

    • AA 346/04