• Kenmare v Fulton Hogan Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by selection for random drug test and unpaid suspension - Applicant claimed unjustifiably dismissed by respondent -…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal)(arrears of holiday pay) ; Contributory conduct (50%)(unjustified dismissal) ; Reimbursement of lost wages ($3,472.20)(unjustified disadvantage) ; Interest (5%) ; Reimbursement of lost wages (quantum to be determined)(unjustified dismissal) ; Compensation for humiliation etc ($4,000)(unjustified disadvantage)($1,000)(unjustified dismissal) ; Arrears of holiday pay (quantum to be determined) ; Application dismissed (penalty) ; Costs reserved
  • Ta'ateo v Fewtrell t/a Sheryl's Car Valet

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Whether refusal to follow instruction - Whether applicant resigned - Whether applicant abandoned employment - Altercation -…
    Result:
    Applications granted ; Contributory conduct (50%) ; Reimbursement of lost wages ($600) ; Compensation for humiliation etc ($500) ; Arrears of wages ($3,491.24) ; Arrears of holiday pay ($86) ; Costs reserved
  • Sisifa v Big Black Sacks New Zealand Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Three day investigation meeting - Respondent sought contribution towards costs - Applicant legally aided - Applications actions increased respondent's costs - Conduct did not…
    Result:
    No order for costs
  • Talbot v Air New Zealand 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 - Age discrimination - Dispute over interpretation of collective agreement…
    Result:
    Application dismissed; Costs reserved
  • Thomson v Trathen Buildt Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether Authority had jurisdiction to hear claim - Unjustified disadvantage and breach of good faith - 60 day trial period and 90 day probationary period in parties' employment…
    Result:
    Application granted; Costs reserved
  • Noyes v TWCE (2014) Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES - Applicant sought arrears of wages - Respondent paid applicant annual leave instead of sick pay as no medical certificate provided - Applicant sick on Friday…
    Result:
    Application granted; Arrears of wages ($831.94); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs
  • Vidgen v A Step Up Joinery Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGED - UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably disadvantaged by respondent requiring applicant to take lunch breaks away from work station and unjustifiably dismissed by respondent -…
    Result:
    Applications partially granted; Reimbursement of lost wages ($2,907.68); Compensation for humiliation etc ($7,000); Costs reserved
  • C v D

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Parties sought interim non-publication orders
    Result:
    Application granted; Orders made; Costs reserved
  • Pivott and Anor v Southern Adult Literacy Inc formerly Southland Adult Learning Programme and Anor

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful practice and procedure claims - No investigation meeting - Second respondent sought $750 contribution towards costs from second applicant - Authority noted delay caused by Christchurch earthquakes…
    Result:
    Costs in favour of second respondent ($250)
  • Niezen v Greenstone Grazing Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful jurisdiction claim - No investigation meeting - Respondent sought $15,294 contribution towards costs - No evidence to support actual costs - Applicant to pay respondent $3,500 contribution…
    Result:
    Costs in favour of respondent ($3,500)