• Tomu v Tonga Health Society Inc t/a Langimalie Health Service

    A Fitzgibbon [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
  • Howard v Carter Holt Harvey Packaging Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance claim – One day investigation meeting – Respondent sought $3,500 contribution towards costs – Applicant to pay respondent $3,500 contribution towards costs
    Result:
    Costs in favour of respondent ($3,500)
  • McConnell v Board of Trustees of Mt Roskill Grammar School

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by suspension, warning and respondent’s breach of duty of good faith – Whether applicant called students “slag”, “loser” and “prick”, mocked student names…
    Result:
    Application dismissed ; Costs reserved
  • Singh v Inghams Enterprises (NZ) Pty Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably dismissed by respondent – Applicant incurred back injury at work – Respondent disputed applicant’s version of events – Respondent declined applicant’s accident…
    Result:
    Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • Povey v Independent Care Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement – Respondent required to pay $5,000 to applicant in two instalments – Second instalment not paid – COSTS – Applicant…
    Result:
    Application granted ; Compliance ordered ; Costs in favour of applicant ($170) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Moerua v TNL Group Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages – Applicant employed on individual employment agreement and paid flat hourly rate – Applicant subsequently joined union and employed on collective…
    Result:
    Application dismissed ; Costs reserved
  • Harrington v Flavour Creations Pty Ltd and Anor

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Determination of preliminary issue - Application to strike out second respondent as party to proceeding – Applicant sought penalty against second respondent for aiding and abetting…
    Result:
    Application dismissed ; Costs reserved
  • Nieuwenhuis v Chief Executive of Ministry for Primary Industries

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on process to deal with 90 days issue related to employment relationship problem - Terms of agreement to be orders of Authority - Order…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Morton v Hairshop Ltd t/a Hair Club

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – No employment agreement – Applicant requested pay slips – Whether respondent threatened applicant’s job – New manager started…
    Result:
    Applications granted ; Reimbursement of lost wages ($5,760) ; Compensation for humiliation etc ($6,000) ; Arrears of wages ($4,202.89) ; Penalty ($3,000)(payable to Crown) ; Costs in favour of applicant ($3,000) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • O'Sullivan v Literacy Training Ltd (in liquidation)

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified - - Respondent sought $4,000 contribution towards costs – Questionable whether substantive determination should have been issued as…
    Result:
    Costs to lie where they fall