• Warren Skerrett Investments Ltd and Anor v Broad

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful breach of contract and restraint of trade claim – Two days investigation meeting – Respondent sought $48,344 indemnity costs – Respondent made $12,000 Calderbank offer – Authority…
    Result:
    Costs in favour of respondent ($29,000)
  • Donald v Pollard Contracting Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant sought to raise grievance out of time - Statement of problem lodged with Authority within time frame…
    Result:
    Application granted; Costs reserved
  • Capper v Te Roopu Taurima O Manukau

    T G Tetitaha [Employment Relations Authority - Auckland]

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

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent - Allegation of misappropriating company funds - Double reimbursements…
    Result:
    Applications granted; Contributory conduct (30%); Reimbursement of lost wages ($15,574.99); Compensation for humiliation etc ($7,000); Costs reserved
  • Kaur v Singh t/a Curry Planet Restaurant

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Whether applicant worked for at least 55 hours per week over seven days –…
    Result:
    Application granted (arrears of wages and holiday pay) ; Arrears of wages ($25,707.50) ; Arrears of holiday pay ($4,736.90) ; Application dismissed (recovery of monies ; Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • P v Q and R

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant unjustifiably disadvantaged by sexual harassment in employment - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant constructively dismissed. Dismissal unjustified.
    Result:
    Applications granted; Contributory conduct (20%)(unjustified dismissal); Compensation for humiliation etc ($5,000)(unjustified disadvantage) ($8,000)(unjustified dismissal); Reimbursement of lost wages ($500); Disbursements in favour of applicant ($71.56)(filing fee); Costs reserved
  • Harris v The Warehouse Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant asked customer with dog to leave store as dogs health and safety risk – Multiple interactions…
    Result:
    Application granted ; Contributory conduct (100%) ; Costs reserved
  • Yan v Commissioner of Inland Revenue

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – Performance improvement plan (“PIP”) initiated after negative performance review – Concerns around applicant’s failures to meet electronic…
    Result:
    Application dismissed ; Costs reserved
  • Grimme v Joe's Carpentry Ltd (formerly Coco Joe's Ltd)

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant resigned but parties did not agree on termination date - Applicant notified no more work available -…
    Result:
    Application granted; Compensation for humiliation etc ($1,000); No order for costs
  • Pickering v Sealord Group Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful jurisdiction and personal grievance claims - Two day investigation meeting - Applicant sought $25,000 contribution towards costs - Calderbank offer void due to uncertainty - Opportunity for…
    Result:
    Costs in favour of applicant ($7,822); Disbursements in favour of applicant ($1,450)(Accountancy fees)($71.56)(filing fee)