• Jennings v Windy Ridge Primary School

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Full costs of $9,421 sought - Alleged not in financial position to pay costs - Earlier representations indicated ability to pay - Costs of…
    Result:
    Costs in favour of respondent ($3,500)
    • 29 October 2001

    • AA 146A/01

  • Isabeth v JG & AG McNally

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Calderbank offer greater than amount recovered by applicant - Failure to take opportunity to settle grievance considered - Litigation avoidable - Appropriate that costs…
    Result:
    Costs to lie where they fall
    • 29 October 2001

    • AA 145A/01

  • Duncan v Indicator E-Commerce Ltd t/a 3WI South Pacific

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - No appearance for respondent - Failure to file statement in reply - Application for adjournment filed day before hearing - Respondent placed in receivership - Copy…
    Result:
    Application granted ; Reimbursement of lost wages (3 months) ; Compensation for humiliation etc ($15,000) ; Reimbursement of expenses ($1,036.11) ; Arrears of wages (10 weeks) ; Costs in favour of applicant ($2,500)
    • 26 October 2001

    • WA 73/01

  • Clulee v Inland Revenue Department - Business Call Centre

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievance - Attempted to settle issue of costs - No response from applicant - Contribution of $4,800 sought - Standard case - Reasonable award of $2,000…
    Result:
    Costs in favour of respondent ($2,000)
    • 26 October 2001

    • WA 50A/01

  • Mahasivam v Anderton

    P R Stapp [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - No appearance for first or second respondent - Alleged outstanding wages and holiday pay - Second respondent actual employer - Second respondent not…
    Result:
    Application adjourned ; Costs reserved
    • 26 October 2001

    • AA 168/01

  • Attwood v Imperial Industries and Anor

    S Bathgate [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant took several days sick leave - Suspended on pay until disciplinary meeting - Given list of concerns before meeting - Existence of pre-existing…
    Result:
    Application granted ; Reimbursement of lost wages ($6,461.52)(12 weeks) ; Compensation for humiliation etc ($4,500) ; Costs reserved
    • 25 October 2001

    • WA 72/01

  • Reid v Andes Investment Ltd

    S Bathgate [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Accused of theft - Investigated by police - Victim of suspicion and gossip at workplace - Police investigation dropped - Respondent did not conduct own investigation before…
    Result:
    Application granted ; Compensation for humiliation etc ($2,500) ; Arrears of holiday pay ($1,940.55) ; Interest (8 percent) ; Penalty ($250)(Crown) ; Costs in favour of applicant ($3,000)
    • 25 October 2001

    • WA 71/01

  • Kennedy v Kahui Tautoko Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties requested settlement be recorded by way of compliance order - Publication prohibited - Personal grievance proceedings adjourned for completion of settlement arrangements
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
    • 25 October 2001

    • WA 70/01

  • Hollis v Mainland Products Limited

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Employed on temporary basis - Offer of employment contingent on resigning from other job - Failed to resign - Worked morning shift at respondent…
    Result:
    Application dismissed ; Costs reserved
    • 25 October 2001

    • AA 166/01

  • Bulloch v Lowe t/a Ton of Tiles

    D King [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Statement of problem indicated claim covered period both prior to and after enactment of ERA - Became clear at investigation meeting that claim related only to period before…
    Result:
    Application dismissed ; No order for costs
    • 25 October 2001

    • AA 161/01