• Spence (Labour Inspector) v Bay Enterprises Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PENALTY - Applicant sought penalty for respondent's failure to comply with improvement notice - Failure to provide written employment agreements to all employees - Kiwifruit industry - COSTS - Applicant…
    Result:
    Application granted ; Penalty ($5,000)(payable to Crown) ; Costs in favour of applicant ($250) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • McLean v Barkers Park Ltd & Anor

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance claim and unsuccessful breach of contract claim – One and half day investigation meeting - Applicant sought indemnity costs of $20,000 based on rejected Calderbank…
    Result:
    Costs in favour of applicant ($9,384) ; Disbursements in favour of applicant ($71.56)(filing fee)($153.33)(hearing fee)
  • Kent v Barkers Park Ltd and Anor

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of remedies – Authority found previously that applicant unjustifiably dismissed – Applicant sought calculation of reimbursement of lost wages – Parties agreed applicant would have…
    Result:
    Application granted ; Quantum specified ; Reimbursement of lost wages ($23,820.72) ; Interest (5%) ; Costs to lie where they fall
  • Driver v Dove Medical Press Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - One and half day investigation meeting - Respondent sought $9,000 contribution towards costs - Authority found daily tariff appropriate - Applicant to pay respondent…
    Result:
    Costs in favour of respondent ($5,250)
  • Swaine v Waitaki Resource Recovery Trust

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Warning - Restructuring process - Whether process unfair and biased - Applicant claimed bullied by manager -…
    Result:
    Application dismissed; Costs reserved
  • New Zealand Nurses Organisation and Anor v Waikato District Health Board

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Parties disputed interpretation and application of resignation gratuity clause in parties collective agreement (CA) - Whether applicant resigned or retired - Meaning of retire" in context of parties…
    Result:
    Questions answered in favour of respondent; Costs reserved
  • Toschi v Tradeworkers 2012 Ltd (in liquidation) and Ors

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Application for joinder of proposed second, third and fourth respondent - First respondent in liquidation - Applicant claimed respondents operated as one business
    Result:
    Application dismissed; Costs reserved
  • Beauchamp v Chief of the Defence Force

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    BREACH OF CONTRACT - Applicant claimed respondent breached parties' employment agreement by failing to pay correct redundancy compensation - Respondent claimed error in parties' employment agreement and sought to apply…
    Result:
    Application granted; Redundancy compensation ($73,622); Costs reserved
  • Taylor v Rebecca Kate Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant sought leave to raise grievance out of time - No appearance for respondent
    Result:
    Application granted ; Costs reserved
  • Rainford v Cooper Family Investments Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Delay to building project when building consents not issued - Engagement of contractors to perform work undertaken by…
    Result:
    Application granted ; Contributory conduct (25%) ; Reimbursement of lost wages ($17,307.68) ; Compensation for humiliation etc ($3,750) ; Costs reserved