• Nelson v Haldeman LLC

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance claim - One day investigation meeting - Applicant sought $5,250 contribution towards costs - Authority found daily tariff of one day appropriate starting point and…
    Result:
    Costs in favour of applicant ($3,500)
  • Lin v General Recycle Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of remedies – Parties unable to agree on quantum of reimbursement of lost wages
    Result:
    Application granted ; Orders made ; Quantum specified ; Reimbursement of lost wages ($2,626.54) ; No order for costs
  • Finlay v Blackwoods Bakeries Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance claim - Less than one day investigation meeting - Applicant sought $3,587 contribution towards costs - Authority found respondent's mistaken view regarding employment relationship with…
    Result:
    Costs in favour of applicant ($2,000) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Rockell v Rainbow Falls Organic Farm Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant claimed unjustifiably dismissed by respondent – Applicant managed non-horned dairy herd – Horned cattle introduced – Applicant concerned about injuries – Applicant dehorned…
    Result:
    Applications granted (unjustified dismissal)(arrears of wages and holiday pay) ; Contributory conduct (100%) ; Arrears of wages and holiday pay ($42,793.12) ; Application dismissed (counterclaim - recovery of monies) ; Costs reserved
  • Chesley v City Line (NZ) Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Partially successful claims - One day investigation meeting - Respondent sought $3,500 contribution towards costs - Authority found although applicant only partially successful in claims respondent took more…
    Result:
    Costs to lie where they fall
  • Collings v Home Direct Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent – Respondent alleged to have used company vehicle for personal…
    Result:
    Application granted (arrears of wages) ; Arrears of wages ($176.08) ; Applications dismissed (unjustified disadvantage)(unjustified dismissal) ; Costs reserved
  • McManus v Home Direct Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by respondent hiring private investigator as mystery shopper to encourage cash sale and unjustifiably dismissed by respondent…
    Result:
    Application granted (unjustified dismissal); Compensation (Quantum to be determined) ; Reimbursement of lost wages (Quantum to be determined) ; Application dismissed (unjustified disadvantage) ; Costs reserved
  • New Zealand Tramways and Public Passenger Transport Employees Union - Dunedin Inc v Invercargill Passenger Transport Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    BARGAINING – Application for reference to facilitation – Respondent took over bus company – Inherited collective agreement - Applicant initiated bargaining – Respondent unaware previous collective agreement would remain in…
    Result:
    Application dismissed ; Costs reserved
  • Tiplady-Prasad v Broad

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by bakery or respondent - UNJUSTIFIED DISMISSAL – Serious…
    Result:
    Applications granted ; Reimbursement of lost wages ($10,650) ; Compensation for humiliation etc ($4,000) ; Arrears of wages ($1,800) ; Costs in favour of applicant ($1,500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Wilson v Bruce Wilson Painting & Decorating Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Identity of respondent – UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent – Applicant thought respondent closing business and all employees made redundant…
    Result:
    Application granted (Unjustified dismissal) ; Reimbursement of lost wages ($14,050.25) ; Interest (5%) ; Compensation for humiliation etc ($8,000) ; Application dismissed (Penalty) ; Costs reserved