• Rangitakatu v Cloudy Bay Seafood Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably disadvantaged by warning and unjustifiably dismissed by respondent - Allegations of bullying, intimidation and aggressive behaviour - Yelling…
    Result:
    Application granted; Reimbursement of lost wages ($7,263.50); Compensation for humiliation etc ($5,000); Compensation for loss of benefit ($6,000)(bonus); Costs reserved
  • Board of Trustees Manunui School v Northwood

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application to re-open investigation - Authority previously declined to direct that respondent not distribute confidential information relating to applicant's investigation or that respondent file statement of…
    Result:
    Application dismissed ; No order for costs
  • Dent v Waikato District Health Board

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    DISCRIMINATION – SEXUAL HARASSMENT – DURESS – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Incompatibility – Applicant claimed discriminated against on basis of marital status, disability, employment status and political opinion…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal) ; Contributory conduct (50%) ; Compensation for humiliation etc ($2,500) ; Applications dismissed (discrimination)(sexual harassment)(duress) ; Costs reserved
  • Fagotti v Acme & Co Ltd

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful personal grievance and bargaining claims - One day investigation meeting - Applicant sought indemnity costs and contribution towards costs in relation to costs application - Applicant made…
    Result:
    Costs in favour of applicant ($4,500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Handy v New Zealand Fire Service Commission

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether grievances raised within 90 days - Applicant sought leave to raise grievances out of time - Whether applicant required to specify remedies sought - False…
    Result:
    Application partially granted ; Costs reserved
  • Kim (Labour Inspector) v Hurunui Hotel (2004) Ltd T/a Hurunui Hotel

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with previous Authority consent determination - Respondent ordered previously to pay arrears of holiday pay to former employee and filing fee to applicant -…
    Result:
    Application granted ; Compliance ordered ; Interest (5%) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Nguyen and Anor v Thi Ta t/a Little Saigon Restaurant

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance, arrears of wages and holiday pay, and penalty claims - One and a half day investigation meeting - Applicants sought $10,500 contribution towards costs -…
    Result:
    Costs in favour of applicants ($6,000) ; Disbursements in favour of applicants ($71.56)(filing fee)($153.33)(hearing fee)
  • Newman v Taxi Lease Ltd t/a The Plant Place

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful practice and procedure and personal grievance claims – One day investigation meeting – Respondent sought $13,016 indemnity costs – Authority found applicant’s last minute application for non-publication…
    Result:
    Costs in favour of respondent ($5,000)
  • Coffey v IMS Security Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Whether applicant agreed to leave respondent or to defer receipt of salary until respondent's…
    Result:
    Applications granted (arrears of wages and holiday pay)(unjustified dismissal)(injunction)(counterclaim - breach of contract) ; Arrears of wages ($55,000) ; Arrears of holiday pay ($5,100) ; Contributory conduct (50%) ; Reimbursement of lost wages ($16,250) ; Compensation for humiliation etc ($4,000) ; Orders made ; Damages ($13,313.62) ; Application dismissed (recovery of monies) ; Costs reserved
  • Easthope v A & D Decorators Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Applicant shareholder in respondent's business - Respondent claimed end of employment by mutual agreement
    Result:
    Application dismissed; Costs reserved