• Menear-Gist v Foodstuffs North Island Ltd t/a Toops

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful personal grievance - Two day investigation meeting - Applicant sought indemnity costs - Not appropriate to adjust daily tariff - Respondent to pay applicant $5,250 contribution towards…
    Result:
    Costs in favour of applicant ($5,250); Disbursements in favour of applicant ($71.56)(filing fee)
  • Hogeboom v Quality Firewood Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - 90 day trial period - Whether applicant commenced work before entering written employment agreement (EA") with respondent -…
    Result:
    Application granted; Reimbursement of lost wages (quantum to be determined); Compensation for humiliation etc ($4,500); Costs reserved
  • Winsloe v Williams

    M B Loftus [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages – BREACH OF CONTRACT – Applicant sought damages for bank fees and interest incurred as result of underpayment of wages –…
    Result:
    Applications granted ; Arrears of wages ($5,703.85) ; Damages ($140.57) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Fatu v Vision Interiors Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Collapse of relationship between respondent and dominant client - Whether applicant informed relationship with client deteriorating - No…
    Result:
    Applications dismissed; Costs reserved
  • Williams v Intercivil Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES - Applicant sought arrears of wages - Applicant resigned with intention to work for competitor - Applicant on garden leave and was to serve notice period on…
    Result:
    Application granted; Arrears of wages (quantum to be determined); No order for costs
  • Bryan v Ultimate Ltd (in liquidation) and Ors

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Partially successful claims – One day investigation meeting – Applicant sought $14,000 contribution towards costs – Authority found appropriate to assess costs on basis of two day investigation…
    Result:
    Costs in favour of applicant ($10,250) ; Disbursements in favour of applicant ($306)(filing fee, photocopying, courier fees, research costs and document delivery)
  • Orcon Ltd v Lane and Ors

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION - Applicant sought urgent interim injunction restraining first and second respondents commencing work for third respondent - Restraint of trade clause - Head of residential sales and head of…
    Result:
    Application granted; Orders made; No order for costs
  • Leuii v Regional Facilities Auckland

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether applicant failed to seek permission to leave work and failed to record absence on time sheet…
    Result:
    Application granted (counterclaim – practice and procedure) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Craig v Grant and Margaret Bolstad

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance claim - Less than one day investigation meeting - Respondent sought $2,550 contribution towards costs - Respondent to pay applicant $1,500 contribution towards costs
    Result:
    Costs in favour of respondent ($1,500); Disbursements in favour of respondent ($136.50)(travel)
  • Williams v GEA Nu-Con Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant’s former employer bought by competitor – Reduction in positions from five to three – Applicant elected to…
    Result:
    Application dismissed ; Costs reserved