• Kubesch v The Cabinet Place Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor - UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – Respondent alleged poor performance regarding applicant’s attitude and…
    Result:
    Applications granted ; Reimbursement of lost wages ($4,536) ; Compensation for humiliation etc. ($5,000) ; Arrears of wages ($1,782) ; Arrears of holiday pay ($1,134) ; Interest (5%); Costs reserved
  • Gundry v Bay of Plenty District Health Board

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    DISCRIMINATION - Applicant claimed discriminated against on grounds of religious belief - Alternatively applicant claimed unjustifiably disadvantaged by respondents actions and unjustifiably dismissed by respondent - Applicant sent multiple emails…
    Result:
    Application dismissed; Costs to lie where they fall
  • Delamere v Asaleo Care New Zealand Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance claim - One and a half days investigation meeting - Applicant sought $12,500 contribution towards costs and $500 contribution towards cost of preparing costs submissions…
    Result:
    Costs in favour of applicant ($5,250) ; Disbursements in favour of applicant ($284.68)(photocopying)(hearing fee)(filing fee)
  • Mayson v Golden Gun (2007) Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether unjustified disadvantage grievance raised within 90 days – Unjustified disadvantage - UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Summary dismissal…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (20%) ; Reimbursement of lost wages ($2,280) ; Compensation for humiliation etc. ($4,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Application dismissed (raising personal grievance) ; Costs reserved
  • O'Neill v Hawkeye UAV Ltd

    G J Wood [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 accordingly ; No order for costs
  • Boskett-Barnes v Kaltenstadler and Anor

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful jurisdiction claim - One day investigation meeting - Respondent sought $9,500 contribution towards costs - Respondent made two calderbank offers - Sufficient time to reflect on first…
    Result:
    Costs in favour of respondent ($3,500)
  • Mendez v retro Espresso Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Whether valid 90 day trial period provision - Dismissal over telephone - PENALTY - Applicant sought penalty…
    Result:
    Applications granted ; Reimbursement of lost wages ($8,840) ; Compensation for humiliation etc ($1,500) ; Penalty ($500)(payable to applicant) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved
  • Pointon v Supa Shavings Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Withdrawn penalty claim - No investigation meeting - Applicant sought contribution towards costs - Authority found applicant only paid money owed under settlement agreement when claim made in…
    Result:
    Costs in favour of applicant ($400) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Bidois v FSP Pacific Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Dismissal over the phone - ARREARS OF WAGES - Applicant sought arrears of wages - COSTS - Applicant…
    Result:
    Applications granted ; Reimbursement of lost wages ($7,800) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($1,200) ; Costs in favour of applicant ($3,500)
  • The New Zealand Public Service Association Inc v Anglican Family Care Centre Inc

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    BARGAINING - Application for reference to facilitation - Joint application
    Result:
    Application granted ; No order for costs