• Hunter v Mot Hot Roasts Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance claim - Less than one hour investigation meeting - Applicant sought contribution to costs - Legal aid - Respondent to pay applicant $440 contribution to…
    Result:
    Costs in favour of applicant ($440) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • South Pacific Meats Ltd v New Zealand Meat Workers And Related Trades Union Inc

    James Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Applicant sought $3,496 indemnity costs – Authority found respondent’s application for stay of costs lacked merit and respondent knew by persevering with claim indemnity costs would be sought…
    Result:
    Application granted ; Costs in favour of applicant ($3,496)
  • O'Shea (Labour Inspector) v Pekanga O Te Awa Farms Ltd

    James Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PENALTY – Applicant sought penalties for failure to pay minimum wage, failure to pay public holiday pay, failure to provide alternative holidays and failure to keep proper time records
    Result:
    Application granted ; Penalty ($500)(payable to Crown) ; No order for costs
  • Hicks v Instant Access NZ Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Partially successful arrears claim - No investigation meeting - Respondent sought contribution to costs - Respondent did not incur external legal costs - Costs to lie where they…
    Result:
    Costs to lie where they fall
  • Thompson v Middle Earth Flying School Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – One and half day investigation meeting - Respondent sought $14,056 contribution towards costs, plus $6,504 lost revenue for days required to attend investigation…
    Result:
    Costs in favour of respondent ($3,500)
  • Britton v Mulching Crushing & Screening Ltd

    Michele Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – PENALTY – Applicant sought penalty for respondent’s failure to provide written employment agreement (“EA”) - Machinery operator
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (20%) ; Reimbursement of lost wages ($1432.68) ; Compensation for humiliation etc ($1,000) ; Application dismissed (penalty) ; Costs reserved
  • Association of Professional and Executive Employees v West Coast District Health Board

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether Authority had jurisdiction to award damages for breach of settlement agreement - Not s149 agreement - Whether settlement agreement variation to employment agreement or stand-alone agreement -…
    Result:
    Application granted (jurisdiction) ; Application dismissed (breach of contract) ; Costs reserved
  • MacDonald v Interex Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful raising personal grievance claim – Less than half day investigation meeting – Respondent sought $1,750 contribution towards costs - Respondent sought small uplift in daily tariff to…
  • Hicks v Aotea Electric Canterbury Ltd

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent – Disparity of treatment - PENALTY – Applicant sought penalty…
    Result:
    Applications granted (unjustified disadvantage)(penalty) ; Penalty ($750)(payable to applicant) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Walker v Vulcan Steel Ltd

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance claim – One day investigation meeting – Applicant sought $4,500 indemnity costs – Respondent sought for costs to lie where they fall – No reason…
    Result:
    Costs in favour of applicant ($3,000) ; Disbursements in favour of applicant ($341.60)(travel costs)