• Tupou v Waikato Milking Systems NZ Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance claim - One day investigation meeting - Respondent sought $20,000 contribution towards costs - Applicant's conduct caused respondent unnecessary cost.
    Result:
    Costs in favour of respondent ($7,000)
  • Zhou v St George International Group Ltd t/a St George Institute of Learning

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent raised concerns about applicant disclosing students personal information to sister, concealing email recording that respondent’s former…
    Result:
    Applications granted ; Contributory conduct (15%); Reimbursement of lost wages ($4,050) ; Compensation for humiliation etc ($4,250) ; Arrears of wages ($2,989.26) ; Arrears of holiday pay ($523.68) ; Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Bode-Patterson v Hammond-Smith and Smith t/a I Love Merino Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent decided to consolidate two-part time positions into one full-time position – Respondent discussed “question of business hardship”…
    Result:
    Application granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($6,000) ; Costs reserved
  • Roberts v Bank of New Zealand

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority found EC had before it proceedings between same parties involving same or similar issues – Found in…
    Result:
    Application granted; Costs reserved
  • Burling v Vetsta Ltd t/a Succession First

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Application for compliance with previous settlement agreement - No investigation meeting - Applicant sought $1,100 contribution towards costs - Authority found costs did not involve investigation meeting and…
    Result:
    Costs to lie where they fall ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Hartigan v Mainland Driving School Ltd

    P R Stapp [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant claimed unjustifiably dismissed by respondent – Applicant’s wife also employed by respondent – Employee alleged bullied by applicant – Respondent raised issues with…
    Result:
    Application granted (unjustified dismissal) ; Application dismissed (penalty) ; Reimbursement of lost wages ($9,351.62) ; Compensation for loss of benefit ($1,346.10)(petrol allowance); Compensation for humiliation etc ($2,500) ; Costs reserved
  • West v Pyne Gould Corporation Ltd

    P R Stapp [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably disadvantaged by respondent’s failure to consult and unjustifiably dismissed by respondent - Applicant informed in letter respondent decided…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal)(arrears of wages)(arrears of holiday pay) ; Reimbursement of lost wages ($120,833.32) ; Compensation for humiliation etc ($10,000) ; Arrears of holiday pay ($21,268.11) ; Interest (5%) ; Application dismissed (penalty) ; Costs reserved
  • Y v Kevin Hyde Engineering Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Sexual Harassment – Applicant claimed unjustifiably disadvantaged by sexual harassment in employment and unjustifiably dismissed by respondent – Authority found unwelcome…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal)(arrears of wages and holiday pay); Reimbursement of lost wages ($15,795); Compensation for humiliation etc ($12,000); Arrears of wages and holiday pay ($7,528.48); Interest (5%); Application dismissed (penalty); Costs in favour of applicant ($3,500); Disbursements in favour of applicant ($71.56)(filing fee)
  • Zahorodny v Insight Plumbing Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s failure to provide employment agreement and follow fair and proper process and unjustifiably dismissed by…
    Result:
    Applications granted ; Compensation for humiliation etc ($500)(unjustified disadvantage)($3,500)(unjustified dismissal); Reimbursement of lost wages ($2,840.36) ; Arrears of holiday pay ($52.36) ; Costs in favour of applicant ($300) ; Disbursements in favour of applicant ($109.25)(service costs)($71.56)(filing free)
  • Howard's Lodge Ltd v Russel, Labour Inspector of the Ministry of Business, Innovation and Employment

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement to vary previous order - Variation to be order of Authority
    Result:
    Consent order granted ; Orders accordingly; No order for costs