• Spacey v Vice Chancellor University of Waikato

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought stay of proceedings pending challenge in Employment Court (“EC”) – Lecturer
    Result:
    Application granted ; Costs reserved
  • Peterson v John Andrew Reginald Cox t/a Blomkamp Cox Solicitors

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Partially personal grievance claim – One day investigation meeting – Applicant sought $16,000 contribution towards costs – Authority found appropriate to apply notional daily tariff – Respondent to…
    Result:
    Costs in favour of applicant ($3500);Disbursements in favour of applicant ($71.56)(filing fee)
  • Coolit Refrigeration and Air Conditioning Ltd v Durney

    Michael Loftus [Employment Relations Authority - Wellington]

    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
  • Banks v Hockey Manawatu Inc

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful injunction and personal grievance claims – Three day investigation meeting – Respondent sought uplift in costs to $20,000 due to lack of good faith in claims, rejected…
    Result:
    Costs in favour of respondent ($10,500) ; Disbursements in favour of applicant ($400)(photocopying and courier fees)
  • Adams v Enable Roofing Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or contractor – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by written warning, disciplinary process, failure to investigate claims…
    Result:
    Applications granted (unjustified dismissal)(arrears of wages) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($17,500) ; Costs reserved
  • Renata v Walker

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – PENALTY – GOOD FAITH - Applicant sought penalty for breach of employment agreement (“EA”) and breach of duty of good faith – Receptionist
    Result:
    Applications dismissed ; Costs reserved
  • Magon v NZ Castle Resorts and Hotels Ltd t/a The Spencer on Byron Hotel

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Assistant engineer
    Result:
    Application granted ; Costs to lie where they fall
  • Simei-Barton v LDJS Ltd

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed unjustifiably dismissed by respondent – 90 day trial – Chef
    Result:
    Application granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($2,000) ; Costs reserved
  • Gin-Cowan v Te Whare Wananga o Muma Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES – Applicant sought arrears of wages…
    Result:
    Application granted (arrears of wages) ; Arrears of wages ($5,786.85) ; Application dismissed (unjustified dismissal) ; Disbursements in favour of applicant ($71.56) ; Costs reserved
  • Sharma v Patel and Anor

    Michele Ryan [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Shop manager
    Result:
    Application granted ; Arrears of wages ($17,851.65) ; Arrears of holiday pay ($7,156.72) ; Interest (5%) ; No order for costs