• Drillco Ltd v Wilson

    Rachel Larmer [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – Terms of settlement to be orders of Authority – Non-solicitation clause in respondent’s employment agreement not…
    Result:
    Consent order granted ; Orders accordingly
  • Cornelius v HPG Private Ltd

    Mike Loftus [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE – Applicant sought compliance with Authority determination – COSTS – Applicant sought contribution to costs - No appearance for respondent
    Result:
    Application granted ; Orders made ; Costs in favour of applicant ($500)
  • Holo'ia v Bupa Care Services NZ Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by suspension – Applicant claimed unjustifiably dismissed – Theft - Rehabilitation coach
    Result:
    Applications dismissed ; Costs reserved
  • Brennan v AFOS Ltd and Ors

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of remedies
    Result:
    No order for costs
  • Manson v Emma Rose Apparel Group (NZ) Ltd

    Mike Loftus [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – 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
  • Tobin v Rapid Labels Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – 5 day investigation meeting – Respondent sought indemnity costs to reflect applicant’s dishonest behaviour and rejected Calderbank offers – Not appropriate to award…
    Result:
    Costs in favour of respondent ($25,400) ; Disbursements in favour of respondent ($348)
  • Holcim (New Zealand) Ltd v NZ Merchant Service Guild Industrial Union of Workers Inc. & Anor

    Vicki Campbell [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful dispute claim - Applicant sought contribution to costs - All parties required intervention of Authority to resolve genuine dispute over interpretation of collective agreement - Costs to…
    Result:
    Costs to lie where they fall
  • Vaszilyko v South Pacific Meats Ltd

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful claims - Two day investigation meeting – Applicant sought indemnity costs to recognise respondent’s conduct unreasonably protracting proceedings – No evidence to support award of indemnity costs…
    Result:
    Costs in favour of applicant ($7,000) ; Disbursements in favour of applicant ($71.56)(filing fee)($306.66)(hearing fee)
  • Jones v Solway Trust

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – Half day investigation meeting - Respondent sought uplift in notional daily tariff to reflect unreasonable rejection of Calderbank offer – Appropriate to apply…
    Result:
    Costs in favour of respondent ($1,200)
  • Bhatti v Aotearoa Smart Buy NZ Ltd & Anor

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant sought to raise grievances out of time – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Premium…
    Result:
    Applications granted (arrears of holiday pay)(penalty) ; Arrears of holiday pay ($1,654.80)(first respondent) ; Penalty ($1,000)(payable to Crown)(first respondent) ; Applications dismissed (raising personal grievance)(arrears of wages)(penalty – good faith)(counterclaim – recovery of monies) ; Costs reserved