• Moore v Carter Holt Harvey Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent - Authority found applicant had access to relevant ranking information from redundancy selection criteria as applied to applicant and…
    Result:
    Application dismissed; Costs reserved
  • Fredatovich v Treasury Wine Estates (NZ) Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed and unjustifiably disadvantaged by respondent’s failure to carry out fair and reasonable investigation and consider previous…
    Result:
    Applications dismissed; Costs reserved
  • Maritime Union of New Zealand v Portpro Inc

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for cancellation of union registration under s17 Employment Relations Act 2000 (“ERA”) – Authority found statutory presumption of compliance with ERA at point respondent’s registration…
    Result:
    Application dismissed ; Costs reserved
  • Chesley v Cityline (NZ) Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages – Application of collective employment agreement – Top-up payments – Alleged disparate treatment – Whether late night shift counted towards hours…
    Result:
    Application dismissed ; Costs reserved
  • Gazeley v Oceania Group (NZ) Ltd

    A Dumbleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful injunction, personal grievance, penalty and good faith claims – Six days investigation meetings – Respondent sought $60,000 contribution towards costs – Respondent made two $40,000 Calderbank offers…
    Result:
    Costs in favour of respondent ($30,000) ; Disbursements in favour of respondent ($2,954)(travel and accommodation expenses)
  • Roy v Board of Trustees of Tamaki College

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether settlement agreement between parties prevented Authority hearing matter – Whether filing of proceedings in Human Rights Commission prevented Authority hearing matter – Applicant claimed under duress, suffered…
    Result:
    Applications partially granted ; No order for costs
  • AB Ltd v C

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    Publication of determination prohibited
    • 15 April 2013

    • [2013] NZERA Auckland 129

  • Ede v Wilco Precast Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Whether redundancy sham – Whether respondent had plenty of work coming up – Whether applicant misled into believing…
    Result:
    Application partially granted (penalty – good faith) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Buchan v Elite Spraypainting Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed unjustifiably dismissed by respondent - Authority found applicant given no information to support respondent’s decision to dismiss applicant – Found respondent did…
    Result:
    Applications granted ; Compensation for humiliation etc ($4,000) ; Reimbursement of lost wages ($3,840) ; Costs in favour of applicant ($1,200) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Willis v Hamilton Bricklayers Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought interest on money paid late by respondent – Settlement agreement – Late payment of money due to applicant – Payment delayed because of serious…
    Result:
    Application dismissed ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs