• Lowe v Waimapu Station Partnership

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise grievance out of time - Causal employee - Applicant claimed so affected by breakdown in relationship unable to raise grievance within…
    Result:
    Application dismissed; Costs reserved
  • Kenmare v Fulton Hogan Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Partially successful claims - Multiple investigation meetings - Applicant sought $16,500 contribution towards costs plus other costs associated with investigations - Respondent made $10,000 and $15,000 calderbank offers…
    Result:
    Costs in favour of applicant ($10,500); Disbursements in favour of applicant ($1000)(expert fees) ($613.32)(hearing fees )($71.56)(filing fee); Costs in favour of respondent ($2,500); Disbursements in favour of respondent ($200)(expert fees)
  • Auckland Harbour Oaks Ltd v Augustin

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application to re-open investigation – Applicant ordered previously to pay respondents arrears of wages – Whether new evidence
    Result:
    Application dismissed ; Costs reserved
  • WYF International Co Ltd t/a Warm Kiwi Insulation v Dowd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    RECOVERY OF MONIES – Applicant sought recovery of wages overpaid to respondent – Whether respondent performed work at locations other than office or construction site – BREACH OF CONTRACT –…
    Result:
    Applications dismissed ; No order for costs
  • Ward v St Peter's School Trust Board

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Applicant sought interim reinstatement – Comments written in student testimonials disparaging of students and staff at school – Dismissal while on sabbatical leave – Teacher
    Result:
    Application granted ; Costs reserved
  • Colin Bender Chartered Accountants Ltd v Blake

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful jurisdiction claim - Half day investigation meeting - Applicant sought $3,250 contribution towards costs - Authority found appropriate costs on pro rata basis applied - Respondent to…
    Result:
    Costs in favour of applicant ($1,750)
  • Singh v Small Business Web Design Ltd (Kiwi Website Design Ltd)

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with settlement agreement (SA") - Incorrect respondent named in SA - No appearance for respondent"
    Result:
    Application dismissed ; No order for costs
  • Kent v Barkers Park Ltd and Ors

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by first respondent – Whether applicant resigned – PENALTY – GOOD FAITH – Applicant sought penalty for first respondent’s breach of…
    Result:
    Application granted (unjustified dismissal) ; Reimbursement of lost wages (quantum to be determined) ; Interest (5%) ; Compensation for humiliation etc ($10,000) ; Applications dismissed (penalty – good faith)(unjustified disadvantage)(penalty – breach of contract)(jurisdiction) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Phillips v Ports of Auckland Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Respondent required applicant undergo drug test following accident - Applicant left worksite before drug test could be…
    Result:
    Application granted; Reimbursement of lost wages (quantum to be determined); Reinstatement ordered; Contributory conduct (100% reduction to compensation for humiliation etc); Costs reserved
  • Tuiloma v Transport Auckland Corp Ltd t/a Waka Pacific

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether applicant operated vehicle in such a way as to threaten or intimidate member of public –…
    Result:
    Application dismissed ; Costs reserved