• MacDonald v Whale Pumps Ltd t/a Denby Caterers

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance claim - Less than one day investigation meeting - Respondent sought indemnity costs - Appropriate to reduce costs to take into account applicant's financial position…
    Result:
    Costs in favour of respondent ($2,000)
  • Andersen v Waikato District Health Board

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Whether respondent gave implied consent to raise grievance out of time – Applicant sought leave to raise grievance out…
    Result:
    Application granted ; Costs reserved
  • Labour Inspector (Ministry of Business, Innovation and Employment) v Civic City Ltd t/a Civic Convenience and Ors

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES - PENALTY - Respondents to pay applicant $96,574 arrears of wages and holiday pay - $115,000 penalty appropriate
    Result:
    Applications granted; Respondents to pay applicant arrears of wages and holiday pay ($96,574.33); Interest (5%); Penalty ($79,500)(payable to applicant)($35,500)(payable to Crown); Costs reserved
  • Kensington v Air New Zealand

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether applicant entitled to domestic leave to look after sister – Whether applicant truthful that sister sick…
    Result:
    Application granted ; Costs reserved
  • Rota-Tawha v Radius Residential Care Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Background of items going missing – Allegation from co-worker applicant in possession of respondent’s chairs, pots and…
    Result:
    Application granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Krammer v Nelson Marborough District Health Board

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Dispute answered in favour of applicant - Less than half day investigation meeting - Applicant sought $3,500 contribution towards costs - Genuine dispute about provisions of collective agreement…
    Result:
    Costs to lie where they fall
  • Hashmy v Hygiene Foundation Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Applicant not paid during employment - Applicant sought payment in lieu of notice period…
    Result:
    Applications granted; Arrears of wages (13,750.33); Arrears of holiday pay ($733.40); Interest (5%); Costs reserved; Disbursements in favour of applicant ($71.56)(filing fee)
  • McCartney v Atlas Concrete Ltd and Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant allegedly threatened co-worker with physical violence – Applicant had previous warning for threatening language – Applicant…
    Result:
    Application dismissed ; Costs reserved
  • Hearn v Cable Bay Wine Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance claim - Less than one day investigation meeting - Applicant sought $5,175 indemnity costs - Adjustment to daily tariff appropriate to reflect applicant's difficulty in…
    Result:
    Costs in favour of applicant ($2,523.12); Disbursements in favour of applicant ($71.56)(filing fee)
  • Meroiti v Lindale Lodge Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and arrears of holiday pay.
    Result:
    Applications granted; Reimbursement of lost wages ($17,745); Compensation for humiliation etc ($6,000); Arrears of wages ($86,935.25); Arrears of holiday pay ($7,702.80); Costs in favour of applicant ($1,500); Disbursements in favour of applicant ($71.56)(filing fee)