• Bielawski v DMI Homestagers Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with parties' settlement agreement - respondent claimed poor financial position - COSTS - Applicant sought contribution towards costs
    Result:
    Application granted ; Compliance ordered ; Costs in favour of applicant ($250); Disbursements in favour of applicant ($71.56)(filing fee)
  • Maulvurfs v Turnico Engineering Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Change in respondent's customer base reduced requirement for applicant's skills - Applicant claimed selected for redundancy due to…
    Result:
    Application dismissed; Costs reserved
  • Kennedy v Advanced Hair Studio Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - Two day investigation meeting - Applicant sought $19,500 contribution towards costs - Respondent made $15,000 calderbank offer - Respondent to pay applicant $14,000 contribution…
    Result:
    Costs in favour of applicant ($14,000); Disbursements in favour of applicant ($481.72)(filing, hearing and service fees)
  • Muthu v Chief Executive of Department of Corrections

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Two day investigation meeting - Respondent sought $14,000 contribution towards costs - Authority and respondent raised concerns over merits of claim but applicant chose…
    Result:
    Costs in favour of respondent ($14,000)
  • Clark v Hansen Brown and Armstrong Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether New Zealand law applied to employment relationship problem - Whether New Zealand forum convenient - Initially applicant employed to manage building project in New Zealand - Applicant…
    Result:
    Application granted; Costs reserved
  • Pulp and Paper Industry Council of the Manufacturing and Construction Union Inc and Ors v Norske Skog Tasman Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Parties disputed whether second and third applicant's employment as fixed term employees breached parties' collective agreement (CA") - Whether second applicants employment on fixed term breached ERA…
    Result:
    Applications granted (dispute)(compliance order)(penalty); Compliance ordered; Penalty ($2000)(payable to first applicant); Application dismissed (unjustified disadvantage); Costs reserved
  • Catanuto v Te Runanga O Whaingaroa Inc

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Three day investigation meeting - Applicant sought $59,542 indemnity costs and disbursements - respondent's conduct substantially and unnecessarily increased applicant's costs - Failure to…
    Result:
    Costs in favour of applicant ($21,000); Disbursements in favour of applicant ($71.56)(filing fee)($613.32)(hearing fees)
  • Propertyscouts Ltd v Timmins

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether Authority had jurisdiction to determine whether restraint in settlement agreement reasonable - COMPLIANCE ORDER - RESTRAINT OF TRADE - Applicant sought compliance with restraint of trade provisions…
    Result:
    Application dismissed; Costs reserved
  • Donald v Pollard Contracting Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Injury - Claim for work-related gradual onset injury declined by ACC - Days paid…
    Result:
    Application granted ; Arrears of wages (quantum to be determined) ; Arrears of holiday pay (quantum to be determined) ; Costs reserved
  • Hamilton v Kutti

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Dismissal - Applicant claimed unjustifiably disadvantaged by respondents actions and unjustifiably dismissed by respondent - Allegations of drug use - Alleged customer complaints…
    Result:
    Applications granted (unjustified disadvantage - unjustified dismissal)(arrears of wages and holiday pay); Reimbursement of lost wages ($2,500) Compensation for humiliation etc ($3,500)(unjustified dismissal) ($2,500) (unjustified disadvantage); Arrears of wages and holiday pay ($7,720); Applications dismissed (sexual harassment - racial harassment); Costs reserved