• Arrowsmith and Ors v Brightwater Engineers Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Partially successful claims - Two day investigation meeting - Applicants sought indemnity costs of $38,644 and additional costs of $1,224 incurred in relation to urgent applications to stay…
    Result:
    Costs in favour of applicants ($12,428) ; Disbursements in favour of applicants ($71.56)(filing fee) ($306.66)(hearing fees)
  • Mander v IHC New Zealand Inc

    P R Stapp [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful practice and procedure claim - No investigation meeting - Respondent sought $2,000 contribution towards costs - Respondent made Calderbank offer - Authority found that by pursuing application…
    Result:
    Costs in favour of respondent ($1,750)
  • Menzies v Safari Group NZ Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent could not terminate applicant’s employment for any reason whatsoever" under probationary period clause –…
    Result:
    Application granted ; Reimbursement of lost wages (parties to determine quantum) ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • Guthrie v McNabb and Anor

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Identity of employer - UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably disadvantaged by respondent's failure to give proper notice period and unjustifiably…
    Result:
    Application granted (unjustified disadvantage - unjustified dismissal); Reimbursement of lost wages ($13,727.50); Compensation for humiliation etc ($5,000); Application dismissed (counterclaim - recovery of monies); Costs reserved
  • Fitzpatrick v Eldercare Services Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance claims - Less than one day investigation meeting - Applicant sought indemnity costs of $8,298 - Applicant made $9,750 Calderbank offer and respondent made counter…
    Result:
    Costs in favour of applicant ($8,298.40) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Lowe v Aperio Group New Zealand Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to consult applicant regarding redeployment opportunities – Closure of worksite and redeployment of some staff to alternative worksite – Applicant…
    Result:
    Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • Van Der Ross v Aperio Group New Zealand Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to consult applicant over redeployment opportunities – Closure of worksite – Redeployment of some employees to alternative worksite – Whether…
    Result:
    Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved
  • Haqiqzai v New Zealand Muslim Association

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – PRACTICE AND PROCEDURE – Parties disputed date of applicant’s dismissal Identity of employer – Letter from respondent stating applicant’s employment ended with immediate effect – Trespass order –…
    Result:
    Application dismissed (practice and procedure) ; Question answered in favour of respondent ; Costs reserved
  • Hyland v Air New Zealand Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondent issuing applicant final warning and requiring applicant to attend anger management training - Authority found applicant resumed duties during investigation and…
    Result:
    Application granted ; Orders made ; Contributory conduct (100%) ; Costs reserved
  • Electrical Union 2001 Inc and Anor v Mighty River Power Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Parties disputed whether respondent entitled to instruct second applicant (“C”) to undergo random drug test - Authority found positive drug test might be evidence of previous drug use…
    Result:
    Applications dismissed ; Questions answered in favour of respondent ; Costs reserved