• McHugh v Chief Executive of the New Zealand Fire Service

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by oral warning – Allegations of bullying made against applicant – Whether applicant spoke to complainant about new colleague in disparaging way –…
    Result:
    Application granted (unjustified disadvantage) ; Contributory conduct (25%) ; Compensation for humiliation etc ($5,250) ; Orders made ; Application dismissed (raising personal grievance) ; Costs reserved
  • Callard v Wellington City Transport Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Poor attendance record - Continued absences without prior notification - Non-negative alcohol test - Final written warning…
    Result:
    Application dismissed; Costs reserved
  • Smart v Canterbury District Health Board

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Dismissal - Applicant claimed unjustifiably dismissed by respondent or unjustifiably disadvantaged by respondent's withdrawal of employment offer - Applicant employed by respondent as dental…
    Result:
    Application dismissed; Costs reserved
  • Mitalas v Evan Cameron Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Applicant claimed not paid relevant daily pay for statutory holidays - Sick pay -…
    Result:
    Application granted; Arrears of wages ($676.20); Arrears of holiday pay ($966.40); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs
  • KVB Kunlun New Zealand Ltd v De Wet

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COUNTERCLAIM - PRACTICE AND PROCEDURE - Application to strike out applicant's claim - Settlement agreement - Accord and satisfaction - Applicant claimed new information came into its possession after date…
    Result:
    Application granted; Costs reserved
  • McKay v Akito Trucking Ltd

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – 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
  • Cumming-Steward v Twenty Five Station Ltd t/a Law Debt Collection

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful penalty counterclaim and unsuccessful compliance order and penalty claims – Less than one day investigation meeting – Respondent sought $5,261 indemnity costs – Respondent made $1,000 and…
    Result:
    Costs in favour of respondent ($1,250) ; Orders made ; Disbursements in favour of respondent (quantum to be determined)(independent solicitor’s fee)
  • Fautua and Ors v Grafton Hotel Ltd (in liq)

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Respondent in process of liquidation
    Result:
    Orders made ; No order for costs
  • Lever and Anor v Fitzgerald Trust and Trustees Yvonne Dick and John Alexander and Anor

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicants sought compliance with parties’ settlement agreement (“SA”) – Trustees – COSTS – Applicants sought contribution towards costs – No appearance for first respondents
    Result:
    Application granted ; Compliance ordered ; Costs in favour of applicants ($500) ; Disbursements in favour of applicants ($71.56)(filing fee)
  • Feeney (Labour Inspector) v By Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with previous Authority determination - Respondent ordered previously to pay $14,263 arrears of wages, penalties and reimbursement of filing fees - Business closed -…
    Result:
    Application granted ; Compliance ordered ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs