• Hauraki-Tumu v North Canterbury Distributors (2003) Ltd

    P van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Partially successful personal grievance claim - One day investigation meeting- Respondent sought contribution to costs - Appropriate to reverse costs burden due to Calderbank offers unreasonably rejected by…
    Result:
    Costs in favour of respondent ($3,500)
  • Winn v Spotless Facility Services (NZ) Ltd

    P van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance claims – One day investigation meeting – Respondent sought contribution to costs – Appropriate to apply uplift in notional daily tariff to reflect rejected Calderbank…
    Result:
    Costs in favour of respondent ($4,500)
  • Emmerson v Northland District Health Board

    T Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Leave sought to raise grievance out of time - UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed…
    Result:
    Applications dismissed ; Costs reserved
  • Milham v Chief Executive of the Waikato Institute of Technology

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of remedies – COSTS – Applicant sought contribution to costs
    Result:
    Application granted ; Reimbursement of lost wages ($88,219.20) ; Interest (5%) ; Costs in favour of applicant ($3,000)
  • Sherwood v Mumbles Caf� (2014) Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Quantum of remedies - Applicant sought payment of filing fee
    Result:
    Application granted ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Lankes v Canterbury District Health Board

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Parties disputed interpretation of leave clauses in individual employment agreement (“IEA”) – Scientific officer
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Gates v Everlast Design Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – COUNTERCLAIM – BREACH OF CONTRACT – Respondent sought damages to cover costs of extra…
    Result:
    Applications granted ; Arrears of wages and holiday pay ($1,903.94) ; Damages ($327.75) ; Disbursements in favour of applicant ($121.56)(filing fee and travel costs) ; No order for costs
  • Tuffey v Vinka Farms Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Authority determination – COSTS – Applicant sought contribution to costs
    Result:
    Application granted ; Orders made ; Costs in favour of applicant ($1,000)
  • Michael v Thompson-Mita and Anor

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first or second respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages, holiday…
    Result:
    Applications granted ; Arrears of wages ($3,633.84) ; Arrears of holiday pay ($299.43) ; Arrears of KiwiSaver contributions ($109) ; Reimbursement for lost wages ($11,250) ; Compensation for loss of benefit ($337.50) ; Compensation for humiliation etc ($6,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Bertogg v Catherine Devon Ryburn t/a Malborough Day Spa and Anor

    R Larmer [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application for joinder – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Applicant claimed constructively dismissed by…
    Result:
    Application partially granted (unjustified disadvantage) ; Compensation for humiliation etc ($3,000) ; Applications dismissed (practice and procedure)(unjustified dismissal) ; Costs reserved