• Berg v Emergency.Co.NZ Ltd

    Robin Arthur [Employment Relations Authority - Auckland]

    Summary:
    COUNTERCLAIM – PRACTICE AND PROCEDURE – Respondent sought to reopen Authority investigation into applicant’s claim for holiday pay
    Result:
    Application dismissd ; Costs reserved
  • Davies v Wellington City Transport Ltd t/a Go Wellington

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Successful personal grievance claim – One day investigation meeting – Applicant sought $3,500 contribution towards costs – Applicant claimed for costs incurred after investigation meeting – Authority found…
    Result:
    Costs in favour of applicant ($650) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Lowe v Graeme Wright Transport Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COUNTERCLAIM - PRACTICE AND PROCEDURE – Determination of preliminary issue – Respondent sought orders for non-publication, non-use and non-disclosure of financial information
    Result:
    Application granted ; Orders made ; No order for costs
  • Baines v Daniel Smith Industries Ltd

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent - Crane operator
    Result:
    Application granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($5,235.23) ; Compensation for humiliation etc ($4,800) ; Costs reserved
  • Baker v Hauraki Rail Trail Ltd

    James Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s failure to provide safe workplace and burglary by respondent’s manager – Applicant claimed unjustifiably dismissed…
    Result:
    Applications granted ; Compensation for humiliation etc ($17,500) ; Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Smith (Labour Inspector) v Manku

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    PENALTY- Applicant sought penalties for respondent’s failure to pay minimum wage, maintain wage, time and holiday records, pay holiday pay on termination of employment and pay public holiday and alternative…
    Result:
    Application granted ; Penalty ($500)(payable to Crown) ; Disbursements in favour of applicant ($71.560(filing fee) ; No order for costs
  • Rameka v GnomeFarmer Painters Ltd

    Michele Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance - Applicant claimed unjustifiably dismissed by respondent – 90 day trial period – Summary dismissal - Whether respondent able to cancel employment agreement (“EA”) on…
    Result:
    Application granted (unjustified dismissal) ; Reimbursement of lost wages ($2,844) ; Compensation for humiliation etc ($2,500) ; Costs reserved
  • Rohe v AFFCO New Zealand Ltd

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Meat processor
    Result:
    Application dismissed ; Costs reserved
  • Hu v Sunshine Coach Ltd

    Vicki Campbell [Employment Relations Authority - Auckland]

    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 accordingly ; No order for costs
  • Krska v Air New Zealand Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - UNJUSTIFIED DISADVANTAGE - Whether grievance raised within 90 days - Applicant claimed unjustifiably disadvantaged by offer of secondment and manager's bullying - Aircraft Leasing Administrator
    Result:
    Application partially granted ; Costs to lie where they fall