• Jeffares-Bozinovitch v Tauranga Sport Fishing Club Inc

    Andrew Dallas [Employment Relations Authority - Auckland]

    Summary:
    PPRACTICE AND PROCEDURE – Respondent sought to strike out applicant’s claim for failure to proceed in timely manner
    Result:
    Application granted ; No order for costs
  • Wright v West Auckland Aquatics Inc and Anor

    James Crichton [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – PENALTY – Applicant sought penalty for failure to pay holiday pay on termination of employment, breach of employment…
    Result:
    Applications dismissed ; Costs in favour of respondent ($2,000)
  • Searle v Deadeye Dick's Shooting Supplies Ltd

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought to recover costs of repairs for damage allegedly caused by…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (30%) ; Reimbursement of lost wages ($5,588.21) ; Compensation for humiliation etc ($4,200) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved
  • Scott v Summers

    Helen Doyle [Employment Relations Authority - Christchurch]

    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
  • Lowes v Hall's Group Ltd

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Truck cleaner
    Result:
    Application dismissed ; Costs reserved
  • Jarrett v Bio-Cell (NZ) Ltd

    Andrew Dallas [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed – COSTS – Applicant sought contribution towards costs – Water Treatment Serviceman
    Result:
    Application granted ; Reimbursement of lost wages (350.34) ; Compensation for humiliation etc ($8,500) ; Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($71.56)
  • New Zealand Airline Pilots Association Inc. v Air New Zealand Ltd

    James Crichton [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Parties disputed whether respondent could direct pilots to suitable positions
    Result:
    Question answered in favour of respondent ; Costs reserved
  • X Ltd v Y

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful injunction claim – One day investigation meeting - Applicant sought indemnity costs of $15,000 – Not appropriate to award indemnity costs – Appropriate to apply notional daily…
    Result:
    Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($71.56)(filing fee)($836.22)(investigator)
  • Broadspectrum (New Zealand) Ltd formerly Transfield Services (NewZealand) Ltd v Nathan

    Michael Loftus [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Parties disputed whether position offered by applicant constituted reinstatement to position “no less advantageous” than before dismissal – Linesman
    Result:
    Questions answered in favour of applicant
  • Emmerson v The Northland District Health Board

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Journalist sought leave to sit in on full hearing – Orders sought for non-publication of evidence
    Result:
    Application granted ; Orders made ; Costs reserved