• Aitkenhead v Bruschetteria Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    PENALTY - Applicant sought penalty for respondent's failure to provide employment agreement
    Result:
    Application granted; Penalty ($1,000)(payable to applicant); No order for costs
  • Lin v Sanyou (Sandy) Zhou

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with previous Authority determination – Whether respondent able to pay money owed to applicant – PENALTY – Applicant sought penalty for respondent’s breach of…
    Result:
    Application granted; Compliance ordered ; Application dismissed (penalty) ; Costs in favour of applicant ($200) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Maritime Union of New Zealand v Ports of Auckland Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Matter concerned whether respondent breached good faith obligations during bargaining for collective employment agreement – Authority found tortuous…
    Result:
    Application granted ; Costs to lie where they fall
  • Jaura v Ministry of Social Development

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant sought leave to raise grievance out of time – Respondent refused applicant’s request for 10 months leave without…
    Result:
    Application dismissed ; Costs reserved
  • Carrothers v Harrisons Fine Art Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably disadvantaged by suspension and respondent’s failure to provide applicant employment agreement following promotion- Applicant claimed unjustifiably dismissed by respondent…
    Result:
    Applications granted; Reimbursement of lost wages (31,833.50); Compensation for humiliation etc ($15,000); Arrears of wages and holiday pay ($6,500); Costs in favour of applicant ($5,890.67)
  • Thackery v The Whyte Group Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Q v The Commissioner of Police

    R A Monaghan [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance claim - Five day investigation meeting - Respondent sought $20,000 contribution towards costs - Authority found no reason to increase or decrease notional daily rate…
    Result:
    Costs in favour of respondent ($17,500) ; Disbursements in favour of respondent ($1,500)(travel and accommodation for counsel)
  • Walker v Firth Industries - A Division of Fletcher Concrete & Infrastructure Ltd

    K J Anderson [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed for refusing to follow lawful and reasonable instruction and acting in aggressive…
    Result:
    Application dismissed ; Costs reserved
  • Barton v Dargaville High School Board of Trustees

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by respondent's actions and unjustifiably dismissed by respondent - Applicant claimed disheartened and distressed by principal's management…
    Result:
    Application granted (unjustified disadvantage); Compensation for humiliation etc ($7,500); Application dismissed (unjustified dismissal); Costs reserved
  • Atkinson v Coverall Cleaning Concepts NZ Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - PENALTY - Applicant sought compliance with previous Authority determination - Applicant sought penalty for respondent's failure to comply with previous Authority determination
    Result:
    Application granted; Compliance ordered; Penalty ($3000)(payable to applicant); Costs in favour of applicant (quantum to be determined)