• Electrical Union 2001 Inc and Anor v Mighty River Power Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Health and safety questions answered in favour of respondent - One day investigation meeting - Respondent sought $5,000 contribution towards costs - Authority found arguments advanced by applicants…
    Result:
    Costs in favour of respondent ($2,300)
  • Bell v Ministry of Business, Innovation and Employment (formerly the Department of Labour)

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    PARENTAL LEAVE – Applicant sought review of respondent’s decision applicant not eligible for paid parental leave (“PPL”) – Applicant’s partner biological father of child born of surrogate mother – Authority…
    Result:
    Application granted ; No order for costs
  • Searancke-Clarke (Labour Inspector) v Bright Eyes Cleaning Services Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with improvement notice –Whether employees entered new agreement or transferred from previous employer – Whether respondent paid previous employee correct wages and holiday pay…
    Result:
    Application granted (Compliance Order) ; Compliance ordered ; Application dismissed (Penalty) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Floyd v Hauhungaroa 2C Block Inc

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on quantum of arrears of holiday - Terms of agreement to be orders of Authority - COSTS - Applicant sought $22,320 indemnity costs
    Result:
    Applications granted ; Orders made ; Costs in favour of applicant ($9,500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Hill v Workforce Development Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – Triangular employment – Applicant worked at prison – Applicant sent correspondence to inmate – Applicant breached prison code…
    Result:
    Application granted; Compensation for humiliation etc ($11,128); Reimbursement of lost wages ($8,000); Costs reserved
  • Cantwell v United Taxis Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant sought leave to raise grievance out of time – Applicant contacted mediation services seeking mediation – Respondent contacted…
    Result:
    Application granted (arrears of wages and holiday pay) ; Arrears of wages ($229.64) ; Arrears of holiday pay ($68.31) ; Application dismissed (raising personal grievance) ; Costs reserved
  • Cheng v Bai

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application to re-open investigation - Respondent discovered charging order registered against residential property after attempt to sell property - Charging order related to earlier Authority determination…
    Result:
    Application granted; Costs to lie where they fall
  • Kilpatrick v Air New Zealand Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by feedback process and respondent’s refusal to allow applicant to resume operational duties without clearance from respondent’s…
    Result:
    Applications dismissed ; Costs reserved
  • Callaghan and Anor v Norterra Rural Resources Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Whether applicants employed by respondent or Samoan company – Applicants worked at resort in Samoa – Whether payments made by respondent on…
    Result:
    Application granted ; No order for costs
  • Lasham v Auckland Council

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Parties disputed whether redundancy and discretionary performance bonus entitlements carried over following transfer of applicant’s employment – Whether applicant’s counter-offer accepted when new employment began – Applicant accepted…
    Result:
    Question answered in favour of respondent ; No order for costs