• The New Zealand Meat Workers Union Inc v South Pacific Meats Ltd and Anor

    James Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Respondents sought non-publication order against name, evidence and pleadings filed relating to second respondent – COMPLIANCE ORDER – Applicant sought compliance order requiring respondents to refrain…
    Result:
    Applications granted (compliance order)(penalty) ; Penalty ($144,000)(first respondent)(payable to applicant) ; Compliance ordered ; Orders made ; Questions answered in favour of applicant ; Application dismissed (penalty) ; Costs reserved
  • Barlow v Waikato Sheds Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent - Salesperson
    Result:
    Application dismissed ; Costs reserved
  • VECTOR LIMITED v TAPLIN

    James Crichton [Employment Relations Authority - Auckland]

  • Balani v TCS Old Co Ltd and Anor

    Robin Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by liquidated company (“PDL”) or first respondent - SEXUAL HARASSMENT - UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal…
    Result:
    Applications granted ; Reimbursement of lost wages ($7,025) ; Compensation for humiliation etc ($6,000) ; Penalty ($6,000)(payable to applicant) ; Damages ($1,000) ; Costs reserved
  • Spitzbart v Solarix Networks Ltd

    T Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance and penalty claims – Two day investigation meeting -Respondent sought $7,000 contribution to costs- Appropriate to apply notional daily tariff – Applicant to pay respondent…
    Result:
    Costs in favour of respondent ($7,000)
  • Cherrington v Rixon Contracting Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – No investigation meeting – Respondent sought indemnity costs – Not appropriate to award indemnity costs – Appropriate to apply notional daily tariff –…
    Result:
    Costs in favour of applicant ($1,750)
  • Russell (Labour Inspector) v Walia Holdings Ltd

    Michele Ryan [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with notice requiring production of wage, time and holiday records – PENALTY – Applicant sought penalty for failure to comply with requirements of labour…
    Result:
    Applications granted ; Penalty ($7,000)(payable to Crown) ; Compliance ordered ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved
  • Simes v Silver Fern Farms Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Applicant’s role disestablished and contracted out to company A
    Result:
    Application dismissed ; Costs reserved
  • Wikaira v Chief Executive of the Department of Corrections

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance claim - One day investigation meeting - Respondent sought contribution to costs - Appropriate to apply notional daily tariff - Applicant to pay respondent $3,500…
    Result:
    Costs in favour of respondent ($3,500)
  • Potts v Collingwood Plumbing Ltd

    Michele Ryan [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – No appearance for respondent
    Result:
    Application granted ; Compliance ordered ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs