• Pretorius v Marra Construction (2004) Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on ground important question of law likely to arise and EC already had before it proceedings before…
    Result:
    PRACTICE AND PROCEDURE: Claims factual areas that Authority charged with investigation. Appropriate for Authority to deal with claims. Application for removal dismissed.
  • Franich v Vodafone New Zealand Ltd

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE– Applicant claimed unjustifiably disadvantaged by respondent’s failure to investigate bullying claims and in restructuring – PENALTY – GOOD FAITH – Applicant sought penalty for breach of good faith…
    Result:
    Applications granted ; Reinstatement ordered ; Compensation for humiliation etc ($7,000) ; Penalty ($5,000)(payable to applicant) ; Costs reserved
  • Cherrington v Rixon Contracting Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Truck driver
    Result:
    Application dismissed ; Costs reserved
  • Nicholas v Point To Point Holdings Ltd

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Authority determination – No appearance by respondent
    Result:
    Application granted ; Orders made ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Porse Education and Training Ltd v Roydhouse

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful damages and penalties claim and partially successful counterclaim – Three day investigation meeting – Respondent sought $27,000 contribution towards costs – Authority reduced notional daily tariff due…
    Result:
    Costs in favour of respondent ($7,000)
  • Bauer v CBJ (Nelson) Ltd (formerly known as Tozzetti 2014 Ltd)

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance claim – One day investigation meeting – Applicant sought $3,900 contribution towards costs – Authority found appropriate to apply uplift in notional daily – Respondent…
    Result:
    Costs in favour of applicant ($3900.20)
  • Temarama v Hob Eat to Go Ltd

    Michele Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed – 90 day trial – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages
    Result:
    Applications granted ; Contributory conduct (15%) ; Reimbursement of lost wages ($2,194.06) ; Compensation for humiliation etc ($4,250) ; Arrears of wages ($539.50) ; Arrears of holiday pay ($121.41) ; Costs reserved
  • Lighthouse ECE Ltd v Halliwell

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Respondent sought $8826 indemnity costs - COUNTERCLAIM - PENALTY – GOOD FAITH – Respondent sought penalty for breach of good faith
    Result:
    Costs in favour of respondent ($500) ; Application dismissed (counterclaim - penalty - good faith)
  • Porse Education and Training Ltd v Royhouse

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of remedies – Parties sought determination of amount of holiday pay owed
    Result:
    Application granted ; Arrears of holiday pay ($3,287.67) ; No order for costs
  • Campbell v Holistic Vets Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – One and a half days investigation meeting – Respondent sought contribution towards costs – Authority found appropriate to reduce notional daily tariff as…
    Result:
    Costs in favour of respondent ($4000)