• Cardwell v Rob Gold Builders Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance and arrears of wages claims - One day investigation meeting - Applicant sought contribution towards costs - Authority found appropriate to apply notional daily tariff…
    Result:
    Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($7,407.15)(accountant)($71.56)(filing fee)
  • McLennan v New Zealand Post Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Complaint from respondent's general manager (B") about applicant's driving - Whether applicant drove with unsecured mail -…
    Result:
    Application granted ; Contributory conduct (30%) ; Reimbursement of lost wages ($5,110) ; Compensation for humiliation etc ($4,900) ; Costs reserved
  • Trow v Haley Construction Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - No written employment agreement - Carpenter
    Result:
    Application granted ; Arrears of wages ($1,956) ; Arrears of holiday pay ($156.48) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Boskett-Barnes v Newman Graphics Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance claim - Less than one day investigation meeting - Applicant sought $2,578 indemnity costs - Respondent made Calderbank offer - Authority found indemnity costs inappropriate…
    Result:
    Costs in favour of applicant ($2,000)
  • A v B Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Quantum of remedies - Previous determination ordered respondent pay applicant 9 weeks lost wages but disagreement over applicants ordinary weekly pay - COSTS - Applicant sought…
    Result:
    Applications granted; Quantum specified; Contributory conduct (25%); Reimbursement of lost wages ($6,010.34); Costs in favour of applicant ($1,750); Disbursements in favour of applicant ($71.56)(filing fee)
  • Lee v System Controls Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably disadvantaged by respondent linking provision of written reference to agreement applicant would not pursue legal proceedings against respondent -…
    Result:
    Application partially granted (unjustified disadvantage)(unjustified dismissal) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Simpson v IBM New Zealand Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COUNTERCLAIM - COMPLIANCE ORDER - Respondent sought compliance with parties' employment agreement and confidentiality agreement - Use of confidential and commercially sensitive information in applicant's evidence
    Result:
    Application granted ; Compliance ordered ; Costs reserved
  • Kenmare v Fulton Hogan Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Applicant sought removal of matter to Employment Court (EC") on grounds important question of law likely to arise, matter of such nature and urgency that in…
    Result:
    Application dismissed; Costs reserved
  • Moffatt v PA and SC Steens Ltd t/a Steens Honey

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievance and arrears of wages and holiday pay claims - One day investigation meeting - Respondent sought indemnity costs - Respondent made three Calderbank offers -…
    Result:
    Costs in favour of respondent ($3,500)
  • Holmes and Mackay t/a Papakura East Medical Centre v Hull

    P R Stapp [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Applicants sought extension of limitation period to enable recovery of losses beyond limitation period - BREACH OF CONTRACT - Applicants sought damages for respondent's breach of…
    Result:
    Application granted (breach of contract) ; Damages ($115,407.65) ; Interest (5%) ; Applications dismissed (practice and procedure)(penalty)(counterclaim - unjustified disadvantage)(counterclaim - unjustified dismissal) ; Costs reserved