• Buchan v Elite Spraypainting Ltd and Anor

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Authority’s determination – Applicant only received partial payment – COSTS – Applicant sought contribution towards costs - No appearance for respondents
    Result:
    Application granted; Compliance ordered ; Costs in favour of applicant ($200); Disbursements in favour of applicant ($71.56)(filing fee)
  • Schmidt v McNally Farms Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent alleged applicant neglected duties to farm animals, left farm without authority, fed calves late, failed to…
    Result:
    Applications granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($13,750) ; Compensation for humiliation etc ($12,000) ; Arrears of wages (quantum to be determined) ; Arrears of holiday pay (quantum to be determined) ; Costs reserved
  • G v H

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful penalty claim - One day investigation meeting - Respondent sought $24,914 indemnity costs - Argument for full costs untenable - While some behaviours exhibited in investigation were…
    Result:
    Costs in favour of respondent ($3,500)
    • 29 November 2013

    • [2013] NZERA Christchurch 246

  • Aiken v The Otago Society for the Prevention of Cruelty to Animals Inc

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and by actions of applicant's manager (S") - Applicant claimed unjustifiably dismissed by respondent -…
    Result:
    Application partially granted (unjustified disadvantage); Application granted (unjustified dismissal); Compensation ($12,000); Costs reserved
  • Peters v Housing New Zealand Corporation

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Applicant worked in Housing New Zealand call centre - Applicant developed rapport with tenant and offered to…
    Result:
    Application dismissed ; Costs reserved
  • Guise v Allied Security Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Respondent sent email to applicant 86 days after dismissal – Whether respondent received email
    Result:
    Application granted ; Costs reserved
  • Rodkiss v Carter Holt Harvey Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably disadvantaged by respondent's actions and unjustifiably dismissed by respondent – Performance issues raised with applicant regarding planning and…
    Result:
    Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($6,000) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Whaanga v Sharp Services Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application to re-open investigation – Respondent applied for Authority to re-open costs award in favour of applicant and sought stay of previous substantive and costs determinations…
    Result:
    Application dismissed ; No order for costs
  • Amplifon New Zealand Ltd v Horsburgh

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT - RESTRAINT OF TRADE - Applicant claimed respondent breached restraint provisions in parties’ employment agreement - Respondent made redundant – Respondent offered alternative position – Terms of…
    Result:
    Application dismissed ; Costs reserved
  • Hirini v Bay of Plenty District Health Board

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – Applicant alleged bullied in workplace and alleged colleague aggressive and belittling – Whether team leader supported colleague’s…
    Result:
    Application granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($7,500) ; Costs reserved