• Garrick v PAE (New Zealand) Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - One and a half day investigation meeting - Applicant sought $13,410 indemnity costs - Applicant made $15,000 Calderbank offer and $10,000 Calderbank offer -…
    Result:
    Costs in favour of applicant ($6,000) ; Disbursements in favour of applicant ($500.89)(filing fee, hearing fee and witness fee)
  • CTC Aviation (NZ) Ltd v Sinton

    T MacKinnon [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful recovery of monies - One day investigation meeting - Applicant sought indemnity costs of $14,564 - Applicant made Calderbank offer - Authority found insufficient reason to consider…
    Result:
    Costs in favour of applicant ($4,500)
  • Walker v Cookie Time Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Whether grievances commenced within three years - Whether constructive dismissal grievance raised in e-mail - Cleaner
    Result:
    Application partially granted ; Costs reserved
  • Kennedy v Advanced Hair Studio Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Information from respondent's client (JW") that applicant sold hairpiece and offered to perform service for JW privately…
    Result:
    Applications granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($4,608) ; Interest (5%) ; Compensation for humiliation etc ($6,000) ; Penalty ($1,000)(payable to applicant) ; Counterclaim - penalty ($500)(payable to Crown) ; Costs reserved
  • Broome v Ken Stout Motors Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent’s performance concerns regarding applicant not formally investigated - Complaint from customer involving applicant that repair work undertaken…
    Result:
    Application granted ; Reimbursement of lost wages ($7,644.80) ; Compensation for humiliation etc ($6,000) ; Costs reserved
  • Smith v Stratford Furniture Manufacturing Co Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably disadvantaged when sent away from employment and unjustifiably dismissed by respondent - Applicant given home detention necessitating drop in…
    Result:
    Applications dismissed ; Costs reserved
  • Kenmare v Fulton Hogan Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION - Applicant sought interim reinstatement - Positive test for cannabis - Drug and alcohol policy - Random drug and alcohol testing - Stand down without pay - Whether applicant…
    Result:
    Application dismissed ; Costs reserved
  • Harrington v Flavour Creations Pty Ltd and Anor

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - Australian company - Whether applicant requested to become independent contractor after employment agreement (EA") signed or whether respondent asked applicant to…
    Result:
    Application granted ; Costs reserved
  • Cawthorne v Allwaze Designs Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay - Applicant paid for two days as annual leave rather than sick leave - Whether applicant not entitled to…
    Result:
    Applications granted ; Arrears of holiday pay ($168) ; Contributory conduct (25%) ; Reimbursement of lost wages ($1,260) ; Compensation for humiliation etc ($1,500) ; Costs reserved
  • Smith v Davies Waste Solutions Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievance claim - One day investigation meeting - Respondent sought $4,500 contribution towards costs - Respondent made $250 Calderbank offer - Authority found Calderbank offer made…
    Result:
    Costs in favour of respondent ($3,500)