• Bentley and Eddington v BRKEL Holsteins Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days –Applicants sought leave to raise grievance out of time – Farm workers
    Result:
    Application granted ; Costs reserved
  • Bohny v The Serious Sandwich Ltd, Mischa Belton

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether applicant on 90 day trial - Whether applicant can bring personal grievance – Poor performance – Applicant claimed unjustifiably dismissed by respondents – Barista
    Result:
    Application granted ; Reimbursement of lost wages ($1,154.88) ; Compensation for humiliation etc. ($4,000) ; Costs reserved
  • Lawson v New Zealand Transport Agency

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by respondent’s failure to provide all relevant information in disciplinary investigation - Applicant claimed unjustifiably dismissed by…
    Result:
    Application dismissed ; Costs reserved
  • Kumar v NZ Mobiles Ltd

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed unjustifiably dismissed by respondent - Business Development Manager
    Result:
    Application granted ; Reimbursement of lost wages ($6,666.66) ; Compensation for humiliation etc ($1,000) ; Costs reserved
  • Hokai v Sharemilk Ltd

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages– Interpretation of bonus clause in employment agreement (“EA”) –Whether performance bonus discretionary
    Result:
    Costs reserved
  • New Zealand Guardian Trust Co Ltd v Mayne

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Withdrawn penalty and breach of contract claims – No investigation meeting - Respondent sought $4,600 in costs– Authority found reasonable to award respondent contribution to costs for preparation…
    Result:
    Costs in favour of respondent ($3000)
  • Lines v Southlink Logistics Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Client complaint – Written warning – Whether ulterior motive for redundancy
    Result:
    Application granted ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Hodge v Hibiscus Coast Scaffolding Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Whether applicant resigned or dismissed – Applicant undischarged bankrupt –COUNTERCLAIM - BREACH OF CONTRACT – Respondent sought damages…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (100%) ; Application partially granted (counterclaim - breach of contract) ; Orders made ; Costs reserved
  • Twentyman v The Warehouse Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful breach of contract claim and successful good faith counterclaim - Two and a half days investigation meeting - Respondent sought $10,500 contribution towards costs – Authority…
    Result:
    Costs in favour of respondent ($8,750.00) ; Disbursements for photocopying and witness attendance in favour of respondent ($1,106.43).
  • Buckley v Nathan Wheeler Building and Construction Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    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