• Francis v Real health Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant sought leave to raise grievance out of time - Whether applicant so affected or traumatised by matter giving…
    Result:
    Applications dismissed ; Costs reserved
  • Temara v Chief Executive of the Ministry of Social Development

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Whether applicant failed to notify superiors of missing child in respondent's care - Whether applicant failed to…
    Result:
    Application dismissed ; Costs reserved
  • Tulloch v Resource Development Consultants Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Applicant sought $3,500 contribution towards costs - Respondent sought $5,000 contribution towards costs - Respondent made four Calderbank offers…
    Result:
    Costs to lie where they fall
  • Cassidy v Wentworth and Anor t/a Wentworth Carrying

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant employed on temporary casual basis for two week period with no expectation of ongoing work -…
    Result:
    Applications granted (unjustified dismissal)(arrears of wages and holiday pay) ; Arrears of wages ($360) ; Arrears of holiday pay (quantum to be determined) ; Interest (5%) ; Reimbursement of lost wages ($7,150) ; Compensation for humiliation etc ($5,000) ; Application dismissed (penalty) ; Costs reserved
  • The New Zealand Meatworkers' Union Inc v South Pacific Meats Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Respondent sought removal of matter to Employment Court (EC") on grounds important question of law likely to arise and in all circumstances matter should be determined…
    Result:
    Application dismissed ; Costs reserved
  • Denham v Selmes

    T G Tetitaha [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - Power of attorney - Consultancy agreement - Farm management
    Result:
    Application dismissed ; Costs reserved
  • Duncan v Torchlight Investment Group Ltd and Anor

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Partially successful claims - Three day investigation meeting - Applicant sought $10,500 contribution towards costs - Respondents sought $241,513 indemnity costs - Authority found case did not meet…
    Result:
    Costs in favour of applicant ($5,000) ; Costs in favour of respondents ($13,244.50)
  • Gordon v Adshel New Zealand Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Parties disputed whether respondent had discretion to pay commission under employment agreement (EA") - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday…
    Result:
    Application granted (arrears of wages) ; Arrears of wages (quantum to be determined) ; Interest (5%) ; Question answered in favour of respondent ; Application dismissed (arrears of holiday pay) ; Costs reserved
  • Nelley v Top Energy Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Applicant electrocuted when came into contact with live power line - Hospital - Whether applicant led to…
    Result:
    Application dismissed ; Costs reserved
  • Walters-Gleeson v Whangarei District Council

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Applicant sought removal of matter to Employment Court (EC") on grounds important question of law likely to arise and matter of such nature and urgency that…
    Result:
    Application dismissed ; Costs reserved