• Campbell v The Commissioner of Salford School

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Partially successful personal grievance claims - Six day investigation meeting - Respondent sought $85,000 contribution towards costs- Applicant rejected $75,000 Calderbank offer - Authority considered applicant's conduct had…
    Result:
    Costs in favour of respondent ($21,000)
  • Low v Care Group Ltd

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COUNTERCLAIM-PRACTICE AND PROCEDURE – Whether proceeding frivolous and vexatious – Applicant filed two similar statements of problem –Whether statements of problem adequate
    Result:
    Application partially granted ; Costs reserved
  • Lorigan v Infinity Automotive Ltd and Anor

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Parties sought to consolidate both matters at hand – Applicant sought removal of matter to Employment Court (“EC”) on ground important questions of law likely to…
    Result:
    Application partially granted ; Costs reserved
  • Biddick v Bulk Lines Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent - Applicant complained about safety of vehicle – Whether applicant abusive, threatening or disruptive – Suspension - Truck…
    Result:
    Result: Application granted ; Reimbursement of lost wages ($10,030) ; Compensation for humiliation ($1,500) ; Respondent to pay applicant costs ($2,000) ; Disbursements in favour of respondent ($71.56)(filing fees)
  • Anderson v Tradeworkers (2012) Ltd and Ors

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought to join second, third and fourth proposed respondents to claim – Lifting corporate veil
    Result:
    Application dismissed ; Costs reserved
  • Cliff v The Bay of Plenty District Health Board

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Other staff complained about applicant’s behaviour – Applicant had raised claims of harassment by manager, leading to…
    Result:
    Application granted ; Contributory conduct (50%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc. ($1,250) ; Costs reserved
  • Peterson v Cox t/a Blomkamp Solicitors

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Whether applicant’s letter alleging grievance properly raised grievance - JURISDICTION: Whether proceedings commenced within three years
    Result:
    Applications granted ; Costs reserved
  • Turner v Vice-Chancellor of the University of Otago

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondent’s unilateral increase in workload and alleged threats to unilaterally reduce applicant’s full time equivalent (“FTE”) – UNJUSTIFIED DISMISSAL – Serious Misconduct…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (50%) ; Reimbursement of lost wages ($3,717) ; Compensation for humiliation etc ($5,000) ; Application dismissed (unjustified disadvantage)(discrimination) ; Costs reserved
  • Doran v South Pacific Meats Ltd and Ors

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondents’ failure to provide safe workplace and failure to provide medical treatment – Whether respondents disadvantaged applicant on return to workplace by…
    Result:
    Applications granted (unjustified disadvantage) (penalty) ; Contributory conduct (10%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc. ($10,800) ; Penalty ($3,000)(payable to Crown) ; Application dismissed (breach of contract) ; Costs reserved
  • Baker v McLeod t/a Kids Count Early Childhood Education Centres

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent - Whether oral disciplinary warning for failure to attend professional development sessions correctly administered – Whether respondent dismissed applicant by telling…
    Result:
    Application granted ; Contributory conduct (50%) ; Reimbursement of lost wages ($4,680) ; Compensation for humiliation etc ($1,250) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved