• Labour Inspector v Bay Enterprises Ltd

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – PENALTY – Applicant sought penalty for breach of ROS
    Result:
    Applications granted ; Orders made ; Penalty ($500)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Mehau v Wheel Repair Services Ltd

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – No appearance for respondent
    Result:
    Application granted ; Orders made ; Disbursements in favour of applicant ($71.56) ; No order for costs
  • Tuilaepa v The Chief Executive of the Ministry of Social Development

    Robin Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Assault – Social worker
    Result:
    Application granted ; Contributory conduct (100%) ; Reinstatement ordered ; Costs reserved
  • Eden Group Ltd v Jackson & Ors

    Andrew Dallas [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on ground important questions of law likely to arise and EC already had before it proceedings between…
    Result:
    Application granted ; No order for costs
  • Owen v The Chief Executive of the Department of Corrections

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Respondent sought order for non-publication of identifying details of former employee
    Result:
    Application granted ; Orders made ; No order for costs
  • Booth v Coo-ee Drycleaning Ltd

    Michael Loftus [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful personal grievance – Nearly two day investigation meeting – Respondent sought indemnity costs to reflect unnecessary costs incurred by applicant’s doomed claims – Applicant claimed financial hardship…
    Result:
    No order for costs
  • Norris v Auto Logistics (NZ) Ltd

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by respondent’s unilateral change in duties – Applicant claimed unjustifiably dismissed – Failure to follow reasonable and…
    Result:
    Applications granted ; Reimbursement of lost wages ($6,811.62) ; Compensation for humiliation etc ($10,000) ; Costs reserved
  • Singh v Trustees of the Wellington Rudolf Steiner Kindergarten Trust

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether applicant estopped by Record of Settlement (“ROS) from bringing claims when ROS not signed by mediator
    Result:
    Application dismissed ; Costs reserved
  • Western Institute of Technology at Taranaki v Fenton

    Michael Loftus [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Admissibility of evidence – Applicant sought order protected disclosure be called into proceedings – Whether protected disclosure admissible
    Result:
    Application dismissed ; Costs reserved
  • Macnab v Mount Campbell Communications Ltd and Anor

    Michael Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance and breach of contract claims – Unsuccessful counterclaim – Applicant sought uplift in notional daily tariff to reflect respondent’s actions, unsuccessful counterclaim, mediation costs, travelling…
    Result:
    Costs in favour of applicant ($5,500) ; Disbursements in favour of applicant ($207)(travel)