• McNabb v Silver Fern Farms Beef Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – Two day investigation meeting – Respondent sought uplift in notional daily tariff to reflect applicant’s rejection of Calderbank offer – Reasonable for applicant…
    Result:
    Costs in favour of respondent ($4,500)
  • Mudgway v Kiwi Earthmovers Ltd

    R Larmer [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
  • Van Der Merwe v Rollerflex Ltd & Anor

    N Craig [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – DISCRIMINATION - Redundancy – Applicant claimed unjustifiably disadvantaged by being told that position to be disestablished - Applicant claimed unjustifiably dismissed by respondent –…
    Result:
    Application granted (arrears of wages)(recovery of monies) ; Arrears of wages (quantum to be determined) ; Recovery of monies ($200) ; Applications dismissed (unjustified disadvantage)(unjustified dismissal)(discrimination) ; Costs reserved
  • Percival v Kenneth Harris t/a Breakers Restaurant

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant sought order for compliance with Record of Settlement (“ROS”)
    Result:
    Application granted ; Compliance ordered ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Mitchell v General Back-up Company Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Petrol station attendant
    Result:
    Application dismissed ; Costs reserved
  • New Zealand Meat Workers and Related Trades Union Inc. v South Pacific Meats Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance order for respondent’s failure to allow officials access to workplace – PENALTY – Applicant sought penalty for respondent’s failure to allow officials access to…
    Result:
    Applications granted ; Compliance ordered ; Penalty ($28,000)(payable to applicant) ; Costs reserved
  • Jones v Penrose Enterprises Ltd

    P van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or contractor
    Result:
    Application dismissed ; Costs reserved
  • MacDonald v TKP Properties Ltd t/a Top Pub & Route 26 Bar and Grill

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Bar Manager
    Result:
    Application granted ; Reimbursement of lost wages ($2,000) ; Compensation for humiliation etc ($12,000) ; Costs reserved
  • Clark v Canterbury Butynol Fixers Ltd

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably disadvantaged by respondent not issuing Employment Agreement (“EA”) and as a consequence endured bullying and a flawed dismissal process…
    Result:
    Applications granted (unjustified dismissal)(arrears of wages and holiday pay)(penalty) ; Contributory conduct (50%); Reimbursement of wages ($5,158.11) ; Arrears of holiday pay ($412.65) ; Compensation for humiliation etc ($5,000) ; Penalty ($500)(payable to Crown) ; Costs reserved ; Application dismissed (unjustified disadvantage)
  • Roach v Nazareth Care Charitable Trust Board

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on ground important question of law likely to arise and matter of such nature and urgency that…
    Result:
    Application dismissed ; Costs reserved