• Western Institute of Technology at Taranaki v Fenton

    Rachel Larmer [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Applicant sought order for non-publication of financial evidence
    Result:
    Application granted ; Orders made ; No order for costs
  • Fairclough v Matakitaki Dairy Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Deductions from wages - COSTS – Applicant sought contribution to costs
    Result:
    Application granted ; Arrears of wages and holiday pay ($4,223.07) ; Costs in favour of applicant ($1,145) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Sands v Serco New Zealand Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Respondent sought removal of matter to Employment Court (“EC”) on ground important questions of law likely to arise – Scope of s 4(1B)(c) Employment Relations Act…
    Result:
    Application granted ; Costs reserved
  • Zhang v JBG Trading Ltd

    Nicola Craig [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Poor Performance - Applicant claimed unjustifiably disadvantaged by failure to pay holiday pay over Christmas break– Applicant claimed unjustifiably dismissed by respondent - PENALTY…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (20%) ; Reimbursement of lost wages ($2,400) ; Compensation for humiliation etc ($4,000) ; Applications dismissed (penalty)(unjustified disadvantage) ; Costs reserved
  • Donaldson v Rosemary Trading Ltd

    Robin Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Whether applicant casual or permanent employee - UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – 90 day trial period – Shop assistant
    Result:
    Applications granted ; Reimbursement of lost wage ($2,400) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Paulson v Riverdale Scholl Board of Trustees

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Leave sought to raise grievance out of time
    Result:
    Application dismissed ; Costs reserved
  • Godfrey and Company Ltd v Price

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether Authority had jurisdiction to award damages sought for breach of settlement agreement – Whether terms entered into amounted to variation of individual employment agreement (“IEA”) or stand-alone…
    Result:
    Application dismissed ; Costs reserved
  • Maday v Avondale College Board of Trustees

    T Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Leave sought to raise grievance out of time
    Result:
    Application granted ; Costs reserved
  • Abbas v GS NZ Ltd t/a Grill and Shakes and Anor

    T Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Withdrawn claim - No investigation meeting - Respondent sought contribution to costs - Claim withdrawn before majority of costs occurred - Claims not unmeritorious - Costs to lie…
    Result:
    Costs to lie where they fall
  • Jones v Kauri Point Farm Park Ltd & Anor

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsucessful personal grievance and arrears claims - Respondent sought contribution to costs - Respondent only represented at mediation and up to filing statement in reply - Costs to…
    Result:
    Costs to lie where they fall