• Porter v Greytown Motors Ltd

    Michael Loftus [Employment Relations Authority - Wellington]

    Summary:
    BREACH OF CONTRACT – Applicant sought to enforce terms of Calderbank offer
    Result:
    Application dismissed
  • Jones v Christchurch European Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance and penalty claims – Two day investigation meeting – Applicant sought $14,000 contribution towards costs - Respondent made $34,000 Calderbank offer but not sufficiently transparent…
    Result:
    Costs in favour of applicant ($9,000) ; Disbursements in favour of applicant ($71.56)(filing fee)($306.66)(hearing fee)
  • Tex Onsite Ltd v Hill

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful damages and penalties claims – Three day investigation meeting- Applicant sought indemnity costs of $83,000 – Appropriate to apply uplift in notional daily tariff to allow costs…
    Result:
    Costs in favour of applicant ($31,500) ; Disbursements in favour of applicant ($16,137.26)
  • Richards v Fresh Flower Wholesaler Ltd

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    PENALTY – GOOD FAITH – Applicant sought penalty for respondent’s breach of good faith – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Florist
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (10%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($4,500) ; Application dismissed (penalty – good faith) ; Costs reserved
  • Vice Chancellor Auckland University of Technology v Tertiary Education Union Te hautu Kahurangi O Aotearoa

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Parties disputed interpretation of clause in collective employment agreement (“CEA”) – Whether consultation referred to in one clause can occur concurrently with another clause
    Result:
    Question answered in favour of applicant ; Costs reserved
  • Dewar v Xtreme Dining Ltd t/a Think Steel

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Theft – Fabrication assistant
    Result:
    Application granted ; Contributory conduct (16.6%) ; Reimbursement of lost wages ($2,709.08) ; Compensation for humiliation etc ($10,000) ; Costs reserved
  • First Union Inc & Ors v Transportation Auckland Corporation Ltd and Anor

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicants sought compliance with collective employment agreement (“CEA”) - PENALTY – Applicants sought penalties for respondent’s breaches of CEA and duty of good faith – Bus drivers
    Result:
    Applications granted ; Compliance ordered ; Penalty ($10,000)(payable to Crown) ; Costs reserved
  • Harlock v Westpac Banking Corporation

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought disclosure of documents
    Result:
    Application partially granted ; Costs reserved
  • Te Kanawa v Northern Legal 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
  • Edwards v Modular Building Systems Ltd

    Peter van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – No appearance for respondent
    Result:
    Application granted ; Arrears of wages ($35,372) ; Arrears of holiday pay ($4,516.12) ; Interest (5.5%) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved