• Webco Joinery Ltd v Collier

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement – Applicant agreed would withdraw claim for penalties against respondent – Applicant agreed no issue as to costs – Terms…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Milligan v Broadway General Carriers Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Authority sought to re-open investigation on own volition - Previous determination ordered arrears of holiday pay - Evidence of payments made to applicant - COSTS -…
    Result:
    Application granted; Arrears of holiday pay ($4,821.30); Costs in favour of applicant ($1,750); Disbursements in favour of applicant ($71.56)(filing fee);
  • Trubet Holdings Ltd v Hixon (Labour Inspector)

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Applicant objected to respondent’s improvement notice – Whether applicant breached Minimum Wage Act 1983 – Apprentices – Whether applicant entitled to pay apprentices minimum training rate…
    Result:
    Applications dismissed ; Orders Made ; No order for costs
  • Gillan v Wakatu Inc

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably disadvantaged by deprival of Christmas bonus and suspension and unjustifiably dismissed by respondent - Ongoing performance concerns and…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal); Reimbursement of lost wages ($19,130); Compensation for humiliation etc ($10,000); Applications dismissed (unjustified disadvantage)(good faith)(penalty); Costs reserved
  • Feeney (Labour Inspector) v Balaji Sweets & Snacks NZ Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement – Terms of settlement to be orders of Authority - $1,800 penalty appropriate for breach of ERA and Holidays…
    Result:
    Consent order granted ; Orders accordingly ; Penalty ($1,800)(payable to Crown); No order for costs
  • Banks v Hockey Manawatu Inc

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION - Applicant sought interim reinstatement - Workplace stress - Sick leave - Incapacity - Operations manager
    Result:
    Application dismissed; Costs reserved
  • Kaye v Counties Manukau District Health Board

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement involving provision of non-financial remedies to applicant – Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Saha v Pacific Flight Catering Ltd and Ors

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Withdrawn personal grievance claim – No investigation meeting – First and second respondents sought contribution towards costs – First respondent made Calderbank offer – Authority found issues between…
    Result:
    Costs to lie where they fall
  • Talbot v Air New Zealand Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful raising personal grievance claim – Less than one day investigation meeting – Respondent sought contribution towards costs – Authority found appropriate to order contribution to respondent’s costs…
    Result:
    Costs in favour of respondent ($3,066.60)
  • Underhill v New Zealand Post Ltd

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 days – Applicant sought leave to raise grievances out of time – UNJUSTIFIED DISMISSAL – Serious Misconduct – Poor Performance –…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (50%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($2,500) ; Application partially granted (raising personal grievance) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs