• Barclay v Richmond Services Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - First written warning issued after complaints made about applicant's driving - Speeding - Second written warning issued…
    Result:
    Application dismissed ; Costs reserved
  • Fatu v Vision Interiors Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought contribution towards costs - Costs award would negatively impact applicant's children - Costs to lie where they…
    Result:
    Costs to lie where they fall
  • MacRury (Labour Inspector) v Cypress Villas Ltd and Anor

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay on behalf of former employee of first respondent (N") - Whether N employed on fixed-term…
    Result:
    Application granted (arrears of wages and holiday pay) ; Arrears of wages ($31,223.91) ; Arrears of holiday pay ($6,922.98) ; Interest (5%) ; Applications dismissed (penalty)(practice and procedure) ; Costs reserved
  • Tomo v Checkmate Precision Cutting Tools Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Two determinations - Successful practice and procedure claim and unsuccessful personal grievance - Both less than half day investigation meetings - Applicant sought $6,077 contribution towards costs -…
    Result:
    Costs in favour of respondent ($2,000)
  • Harrison v Slave Holdings Ltd t/a Field Transport

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Hixon, Labour Inspector v Akbabas Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    COUNTERCLAIM - PRACTICE AND PROCEDURE - Respondent sought leave to file objection to improvement notice out of time - Improvement notice required respondent to comply with certain statutes, pay arrears…
    Result:
    Application dismissed ; No order for costs
  • Dillon v Impact Marketing Solutions Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by removal of sales leads and respondent's delay in approving applicant's parental leave - Applicant claimed unjustifiably…
    Result:
    Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($2,500) ; Applications dismissed (unjustified dismissal)(penalty - good faith)(counterclaim - penalty - good faith) ; Costs reserved
  • Finlay v PW Holdings Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Name of employer - Previous Authority determinations incorrectly named respondent - Employer made series of name changes - Applicant not aware of changes - COMPLIANCE ORDER…
    Result:
    Applications granted; Compliance ordered; Costs to lie where they fall
  • Niezen v Greenstone Grazing Group LP

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Determination of preliminary issue - Application to strike out claim for want of service - Respondent registered in Georgia, USA - Manager of respondent's general partner…
    Result:
    Application dismissed; No order for costs
  • Piper v Sinclair Prior Motors Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Partially successful personal grievance - Less than one day investigation meeting - Respondent sought $3,500 contribution towards costs - Respondent made $5,000 and $10,000 Calderbank offers - Applicant…
    Result:
    Costs in favour of respondent ($3,500)