• Selby v W Crighton and Son Hutt Valley Ltd t/a Crighton Building Centre Independent Timber Merchant

    P R Stapp [Employment Relations Authority - Wellington]

    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
  • Elbow Grease Clean Services Ltd v Westferry Property Services Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    JURISIDICTION – Whether applicant in employment relationship with respondent - Whether Authority had jurisdiction to hear claim respondent in default of obligations under Employment Relations Act Part 6A –…
    Result:
    Application dismissed ; Costs reserved
  • Cox v DJ Thompson Building Services Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant sought damages for respondent’s breaches of oral employment agreement – Whether respondent failed to pay wages at agreed rate, failed to honour offer of partnership…
    Result:
    Applications granted (arrears of wages and holiday pay)(counterclaim – recovery of monies) ; Arrears of wages ($4,810.63) ; Arrears of holiday pay ($5,383.32) ; Recovery of monies ($4,219) ; Application partially granted (unjustified dismissal) ; Applications dismissed (breach of contract)(good faith) ; Costs reserved
  • Taranaki District Health Board v Graamans

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Dispute answered in favour of applicant - One day investigation meeting - Applicant sought $6,000 contribution towards costs - Applicant made unspecified Calderbank offer - Authority found Calderbank…
    Result:
    Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($71.56)(filing fee)($59.94)(witness expenses)
  • Roberts v Y

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful jurisdiction claim - One day investigation meeting - Respondent sought contribution towards costs - Applicant to pay respondent $4,000 contribution towards costs - Leave reserved for parties…
    Result:
    Costs in favour of respondent ($4,000)
  • Tui v Kids Care Childhood Centre Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Whether applicant promised minimum number of hours – Whether applicant permanent or casual employee – No employment…
    Result:
    Application dismissed ; Costs to lie where they fall
  • Stuart-Forbes v Hatton Horse Floats Ltd

    G J Wood [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of the Authority - Order prohibiting publication of terms of…
    Result:
    Consent order granted; Orders accordingly; No order for costs
  • J C Contracting (NZ) Ltd v Smart

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful breach of contract claim - Less than one day investigation meeting - Applicant sough indemnity costs - Not appropriate to award indemnity costs - Respondent to pay…
    Result:
    Costs in favour of applicant ($500)
  • Briggs v Goscut Concrete Cutter Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Respondent allegedly shouted at applicant – Applicant informed office manager would not be back – Respondent contacted applicant…
    Result:
    Application granted ; Reimbursement of lost wages ($1,800) ; Compensation for humiliation etc ($1,500) ; Recovery of monies $600 ; Costs reserved
  • Manuera v Amcor Packaging (New Zealand) Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Applicant failed to load all pallets onto truck – Not all pallets stacked at designated place –…
    Result:
    Application granted (unjustified dismissal) ; Applications dismissed (practice and procedure)(good faith) ; Contributory conduct (50%) ; Reimbursement of lost wages ($3,776.50) ; Compensation for humiliation etc ($2,000) ; Costs reserved