• Henderson v Nelson Marlborough District Health Board

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by performance development process and unjustifiably dismissed by respondent – PENALTY – GOOD FAITH – Applicant sought…
    Result:
    Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($15,000) ; Applications dismissed (penalty)(unjustified dismissal) ; Costs reserved
  • Quirke and Anor v Hato Paora Trust Board and Anor

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 days – Applicants sought leave to raise grievances out of time – COUNTER CLAIM - PRACTICE AND PROCEDURE – Identity of…
    Result:
    Applications granted ; Costs reserved
  • Hicks v Aotea Electric Canterbury Ltd

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Partially successful personal grievance and penalty claims – One day investigation meeting – Respondent sought indemnity costs to acknowledge Calderbank offers rejected by applicant – Costs burden reversed…
    Result:
    Costs in favour of respondent ($3,000) ; Disbursements in favour of respondent ($1,392.78)(photocopying, phone calls, travel expenses and courier fees)
  • Velthuis v Milmeq Ltd

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE - Parties disputed interpretation of long service leave clause in collective agreement - Whether intention of parties to collective agreement relevant
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Macnab v Mount Campbell Communications Ltd and Anor

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Incompatibility - Applicant claimed unjustifiably disadvantaged by respondent’s failure to provide training, support or performance reviews and unjustifiably dismissed by respondent – Whether valid…
    Result:
    Application granted (unjustified dismissal) ; Reimbursement of lost wages ($16,750) ; Compensation for humiliation etc ($10,000) ; Applications dismissed (unjustified disadvantage)(penalty)
  • The Rail & Maritime Transport Union Inc v Kiwirail Ltd

    Michele Ryan [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Respondent sought removal of matter to Employment Court on grounds of important question of law and public interest - Chinese employees working in New Zealand and…
    Result:
    Application dismissed ; Costs reserved
  • Davis v Hard Yards Brick/Block & Landscape Ltd

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement – Terms of settlement to be orders of Authority – Applicant to pay respondent $3,500 contribution towards costs
    Result:
    Consent order granted ; Orders made ; Costs in favour of respondent ($3,500)
  • Lowe v Graeme Wright Transport Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance claim – One day investigation meeting – Applicant sought $3,500 contribution towards costs – Respondent sought reduction in tariff as applicant not wholly successful in…
    Result:
    Costs in favour of applicant ($3,500)
  • Segal v Infor (New Zealand) and Anor

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful jurisdiction claim – Less than one day investigation meeting – Respondent sought uplift in notional daily tariff to acknowledge extensive work done in defending claims – Applicant…
    Result:
    Costs in favour of respondent ($3,000)
  • Nova Energy Ltd v Mitchell and Ors

    Robin Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of remedies
    Result:
    Damages (quantum to be determined) ; Interest (5%) ; Penalty ($30,000)(first respondent)(payable to applicant)($50,000)(second respondent)(payable to applicant) ; Costs reserved