• Dumble v Airways Corportation of New Zealand Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance claim – Two day investigation meeting – Applicant sought $7,000 contribution towards costs – Respondent made Calderbank offer consisting of six months’ salary less tax…
    Result:
    Costs in favour of applicant ($7,000); Disbursements in favour of applicant ($71.56)(filing fee)($313.50)(affidavit preparation, photocopying and binding, postage)
  • Warrington v Clover Bay Trust

    A Fitzgibbon [Employment Relations Authority - Auckland]

    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
  • Healey v DBLShot Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    CONSENT - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of the Authority - Applicant to pay respondent $3,000 contribution…
    Result:
    Consent order granted; Orders accordingly; Costs in favour of respondent ($3,000)
  • Smith v Recon Professional Services Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Complaint made about applicant – Multiple allegations of sexual harassment – Applicant denied allegations – Whether applicant…
    Result:
    Application granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($6,743.57) ; Compensation for humiliation etc ($1,600) ; Costs reserved
  • Faulkner v Menefy Trucking Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant parked truck at private residence rather than assigned depot - Applicant allowed another person to drive…
    Result:
    Applications partially granted; Arrears of wages ($172.50); Costs to lie where they fall
  • New Zealand Nurses Organisation Inc v Canterbury District Health Board

    P R Stapp [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Parties disputed interpretation of uniform allowance provision in collective agreement (“CA”) – Whether respondent required to pay uniform allowance to employees not required to wear uniform -…
    Result:
    Questions answered in favour of applicant ; Costs reserved
  • Gunning v Bankrupt Vehicle Sales & Finance Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Whether applicant in sole charge of yard - UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Whether…
    Result:
    Applications partially granted; Arrears of wages ($100) ; Arrears of holiday pay ($40) ; Penalty($500)(payable to applicant) ; Costs reserved
  • Smartpay Ltd v Ryken

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement – Whether applicant used commercially sensitive information
    Result:
    Application granted; Compliance ordered; No order for costs
  • Baird v Auckland Council

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Parties disputed respondent’s ability to change motor vehicle policy under applicant’s employment agreement – Applicant entitled to work vehicle for commuting purposes – Whether applicant entitled to compensation…
    Result:
    Questions answered in favour of respondent; Application granted (unjustified disadvantage); Remedies reserved; Costs reserved
  • Hyde v Winton Hotel (2002) Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent - No signed employment agreement – Reduction of hours - Whether applicant agreed to be available on day…
    Result:
    Applications granted ; Reimbursement for lost wages (quantum to be determined) ; Compensation for humiliation etc ($1,500) ; Arrears of wages (two days) ; Costs reserved