• McRae v Derry Trust

    N Taylor [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievance - Memorandum as to costs filed out of time - Directions conference called - No real criticism of respondent - Had attempted to settle costs…
    Result:
    Costs in favour of respondent ($2,320.32) ; Disbursements ($16.50)
    • 22 December 2001

    • WA 63A/01

  • Murray v Chief Executive, Inland Revenue Department

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Correctly filled in pre-employment declaration listing no convictions - Subsequently convicted of benefit fraud - Received benefit payments while in employment with previous employer…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($1,000)(Second applicant) ; Costs reserved
    • 21 December 2001

    • WA 93/01

  • National Distribution Union v Waipa Forklift Services Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Partly successful compliance proceedings - Bargaining issues - Contribution to costs of $2,984 sought by applicant - Contribution to costs of $10,169 sought by respondent - Stalemate -…
    Result:
    Costs to lie where they fall
    • 21 December 2001

    • AA 134A/01

  • Doherty v Air New Zealand Ltd

    N Taylor [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance - Contribution of $5,000 sought to actual costs incurred of $5,400 - Just under 2 day hearing - Ability to pay considered - Respondent obliged…
    Result:
    Costs in favour of respondent ($3,645) ; Disbursements ($3,113)
    • 20 December 2001

    • CA 50A/01

  • McCauley v Tutton, Sienko & Hill Partnership t/a Waipara West

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER - Agreement reached between parties - Settlement was full and final - Terms of settlement were confidential between the parties
    Result:
    Consent order granted ; No order for costs
    • 19 December 2001

    • CA 72/01

  • McSweeney v Lynton Investments Ltd t/a Milton Court Rest Home

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES - Alleged guaranteed minimum of 28 hours work per week - Whether short paid hours - Credibility - Evidence of respondent preferred - Told additional hours available…
    Result:
    Application granted in part ; Arrears of wages ($120) ; Costs reserved
    • 19 December 2001

    • AA 225/01

  • Sprung v Khan Marjan Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - ï¾½ day hearing - Respondent submitted contribution not exceeding $500 was appropriate - Limited success by applicant - Respondent's submissions had merit - Contribution…
    Result:
    Costs in favour of applicant ($500)
  • Twyford v Le Grand Hotel Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - ï¾½ day hearing - Contribution of $1,500 sought to total costs incurred of $2,025 - Ability to pay - Applicant suggested contribution of $250…
    Result:
    Costs in favour of respondent ($500)
    • 19 December 2001

    • AA 177A/01

  • Mepham v Chief Executive Palmerston North City Council

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged assaulted colleague at work function - Not formally suspended - Conducted investigation - Failed to provide notes of interview with witnesses before disciplinary…
    Result:
    Application granted ; Reimbursement of lost wages ($554.75) ; Compensation for humiliation etc ($9,000) ; Reimbursement of other money ($172)(Deduction for alleged failure to return uniform) ; Costs reserved
    • 18 December 2001

    • WA 92/01

  • Fergusson v Totalisator Agency Board

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Summary dismissal - Serious misconduct - Disconnected call from customer - Cautioned by manager - Recordings of applicant's calls listened to - Pattern of disconnecting calls before…
    Result:
    Application dismissed ; Costs reserved
    • 18 December 2001

    • CA 71/01