• Horst v Swift Property Maintenance Ltd

    T Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance and arrears claims - One day investigation meeting - Applicant sought contribution to costs - Appropriate to apply notional daily tariff - Respondent to pay…
    Result:
    Costs in favour of applicant ($3,500)
  • Lyall v Vexling Ltd

    Robin Arthur [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Travel agent manager
    Result:
    Application granted ; Arrears of holiday pay ($22,104) ; Interest (5%) ; Costs reserved
  • Saywell v Bowers Farms Ltd

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – Two day investigation meeting – Respondent sought uplift in notional daily tariff due to costs of extra witnesses – Applicant sought reduction in…
    Result:
    Costs in favour of respondent ($7,000)
  • Clinker v Sherlock Contracting Ltd and Anor

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s refusal to offer acceptable work hours and…
    Result:
    Application granted (arrears of holiday pay) ; Arrears of holiday pay ($8,816.72) ; Applications dismissed (unjustified disadvantage – unjustified dismissal)(recovery of monies) ; Costs reserved
  • Harrison v Unison Work Spaces Ltd

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably dismissed by respondent – Injury affecting applicant’s ability to do job – Sales Support Manager
    Result:
    Application granted ; Reimbursement of lost wages ($14,807.66) ; Compensation for loss of KiwiSaver benefit ($444.23) ; Compensation for humiliation etc ($8,000) ; Costs reserved
  • Bidvest New Zealand Ltd v Vivian

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance order for respondent’s breach of settlement agreement (“SA”) – PENALTY – Applicant sought penalty for respondent’s breach of SA
    Result:
    Applications granted ; Orders made ; Penalty ($3,000)(payable to applicant) ; Costs reserved
  • Mackie v Kiwi LPG Ltd

    M B Loftus [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement – Terms of settlement to be orders of Authority – Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders made ; No order for costs
  • Caffe Coffee (NZ) Ltd v Farrimond

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful injunction claim – Two day investigation meeting - Respondent sought $32,000 contribution towards costs – Authority found appropriate to award uplift in notional daily tariff to reflect…
    Result:
    Costs in favour of applicant ($14,000)
  • Burrows v Bunnings Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance claim – One day investigation meeting - Applicant sought indemnity costs of $8,450 – No reason to award indemnity costs – Authority found appropriate to…
    Result:
    Costs in favour of applicant ($3,000)
  • Faulls v Gather Supermarket Chain Ltd t/a Italia Square

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Summary dismissal – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay - Bartender
    Result:
    Applications granted ; Reimbursement of lost wages ($6,342.50) ; Reimbursement of lost holiday pay ($507.40) ; Compensation for humiliation etc ($6,000) ; Arrears of holiday pay ($85.40) ; Costs reserved