• Chau v Lotsa Goodies Queensgate Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER - PENALTY - Applicant sought compliance with parties' settlement agreement (SA") - Applicant sought penalty for respondent's breach of SA - Confidential information - No appearance for respondent"
    Result:
    Application granted; Compliance ordered; Penalty ($500)(payable to Crown); No order for costs; Disbursements in favour of applicant ($71.56)(filing fee)
  • Nelson v Katavich and Anor

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Authority found applicant employed by second respondent - RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days - UNJUSTIFIED DISADVANTAGE –…
    Result:
    Applications granted (raising personal grievance, unjustified disadvantage, unjustified dismissal, arrears of wages and holiday pay) ; Compensation for humiliation etc ($2,000)(unjustified disadvantage) ; Compensation for humiliation etc ($15,000)(unjustified dismissal) ; Reimbursement of lost wages ($13,469.76) ; Arrears of wages ($2,248.48) ; Arrears of holiday pay ($3,073.50) ; Applications dismissed (penalty and counterclaims – recovery of monies and penalty) ; Costs reserved
  • Roots v Point of Pay Pty Ltd and Anor

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Australian employer – Whether applicant agreed to reduce salary by half in exchange for…
    Result:
    Application granted (recovery of monies) ; Recovery of monies ($1,861.08) ; Application dismissed (arrears of wages and holiday pay) ; Costs reserved
  • Zhu v Renaissance Investments and Finance Group Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Refusal to follow instruction applicant considered unlawful Applicant told not to report for work after refused to…
    Result:
    Applications granted (unjustified dismissal)(arrears of wages) ; Reimbursement of lost wages ($7,870.20) ; Compensation for humiliation etc ($3,000) ; Arrears of wages ($3,676.35) ; Interest (5%) ; Application dismissed (counterclaim – recovery of monies) ; Costs in favour of applicant ($1,750)
  • O'Connor v Weston Milling, a division of George Weston Foods (NZ) Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant claimed underlying culture of bullying in workplace - Respondent claimed personality conflict between applicant and co-worker…
    Result:
    Application dismissed; Costs reserved
  • Steele v Barkers Park Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Respondent sought order applicant pay costs owed to respondent by specified instalments
    Result:
    Application granted ; Orders made ; No order for costs
  • Kumar v Usha Food Ltd t/a Garam Masala Indian Restaurant

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Partially successful claims - Less than one day investigation meeting - Respondent sought $1,500 contribution towards costs - Authority found applicant's failure to attend investigation meeting did not…
    Result:
    Costs to lie where they fall
  • Ahuja v Eden Mozaik Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether Authority had jurisdiction to hear and determine applicant's personal grievance - 90 day trial period - Whether applicant already employed by respondent - ARREARS OF WAGES -…
    Result:
    Application dismissed (jurisdiction); Application granted (arrears of wages); Arrears of wages ($637); Costs to lie where they fall
  • Tints New Zealand Ltd t/a Tint Guard v Poole and Ors

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION - RESTRAINT OF TRADE - Applicant sought interim injunction restraining respondents' from breaching non-compete and non-solicitation clauses of employment agreements - Proprietary rights - Reasonableness of restraint - Hardship…
    Result:
    Application granted; Costs reserved
  • Oliver v Paradise Valley Springs Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Personal grievance claim withdrawn by applicant - No investigation meeting – Respondent sought $4,462 contribution towards preparation costs - Authority found applicant's late withdrawal put respondent to unnecessary…
    Result:
    Costs in favour of respondent ($1,000)