• Krska v Air New Zealand Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    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
  • Broadspectrum (New Zealand) Ltd formerly Transfield Services (New Zealand) Ltd v Nathan

    Michael Loftus [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Partially successful claims – Less than one day investigation meeting – Applicant sought $1750 contribution towards costs – Respondent could not propose payments from previous determination be used…
    Result:
    Application granted ; Costs in favour of applicant ($1,900) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • New Zealand Meat Workers & Related Trades Union Inc v Silver Fern Farms Ltd and Anor

    Michael Loftus [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with collective employment agreement (“CEA”) – Whether supervisors doing work supposed to be done by union members
    Result:
    Application granted ; Orders made ; Costs reserved
  • Hawkins Construction Ltd v Mathieson

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    BREACH OF CONTRACT – Applicant sought damages for respondent’s breach of duty of fidelity and duty of confidentiality – Manager
    Result:
    Application partially granted ; Costs to lie where they fall
  • Weymouth v Hawkins Construction Ltd

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by failure to pay loyalty bonus and unjustifiably dismissed by respondent – Quantity surveyor
    Result:
    Application dismissed ; Costs reserved
  • Johnstone v Lasek and Ors

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant in employment relationship with respondents
    Result:
    Application dismissed ; No order for costs
  • Orduna Jr and Ors v Dotcom

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicants claimed unjustifiably dismissed by respondent – ARREARS OF WAGES – Applicants sought arrears of wages
    Result:
    Application granted (unjustified dismissal)(first and second applicant) ; Reimbursement of lost wages ($8,850)(first applicant)($17,526)(second applicant) ; Compensation for humiliation etc ($4,000) (first applicant)($3,000)(second applicant) ; Application dismissed (arrears of wages) ; Costs reserved
  • Waititi v Pedersen Inductries Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably disadvantaged by suspension – Applicant claimed unjustifiably dismissed by respondent – PENALTY – GOOD FAITH – Applicant sought penalty…
    Result:
    Applications granted (unjustified dismissal)(penalty) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($18,000) ; Penalty ($5,000)(respondent)(payable to applicant) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved
  • MacGregor v Corboy Forest Management Ltd

    James Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent –COSTS – Applicant sought contribution towards costs – No appearance for respondent – Truck driver
    Result:
    Application granted ; Reimbursement of lost wages ($5,548.80) ; Compensation for humiliation etc ($7,000) ; Costs in favour of applicant ($4,000)
  • Teinaki v Nature's Sunshine Products (NZ) Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful claim - Two day investigation meeting - Respondent sought $7,000 contribution to costs - Appropriate to apply notional daily tariff - Applicant to pay respondent $7,000 contribution…
    Result:
    Costs in favour of respondent ($7,000)