• Peters v K & K Caterers and Equipment 2010 Ltd & Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant in employment relationship with respondents – Authority found applicant did not have agreement about nature of position, hours of work or rate of remuneration with first…
    Result:
    Application granted (arrears of wages) ; Arrears of wages ($16,850) ; Application dismissed (recovery of monies) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Taylor v Paul and Kym Samuels Ltd t/a New World Southmall

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim - One day investigation meeting - Respondent sought $4,600 contribution towards cost - Respondent made two Calderbank offers of $2,500 and $4,000 - Authority…
    Result:
    Costs in favour of respondent ($4,600)
  • Herewini v Te Puna Ora O Mataatua Charitable Trust

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Authority found applicant made reasonable arrangements to have grievance raised on applicant’s behalf and lawyer failed…
    Result:
    Application granted ; Costs reserved
  • Tollemache v Wave Automotive Ltd t/a Kaurilands Service Centre

    R Larmer [Employment Relations Authority - Auckland]

    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
  • Denyer, Labour Inspector v Scorpion Liquor (2006) Ltd

    T Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought $3,024 arrears of wages and $393 arrears of holiday pay – Authority found respondent had failed to pay employee outstanding wages…
    Result:
    Applications granted (arrears of wages and penalty) ; Arrears of wages ($3,024) ; Arrears of holiday pay ($393.12) ; Interest (5%) ; Penalty ($1,000)(payable to applicant) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Wallace v Speirs Foods Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - 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
  • Hoani v Rangitikei Enterprises Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent on ground of redundancy – Respondent claimed applicant justifiably dismissed for causing serious damage to truck, bullying fellow…
    Result:
    Applications granted ; Contributory conduct (90%) ; Compensation for humiliation etc ($500) ; Arrears of wages and holiday pay ($1,393.55) ; Costs reserved
  • Chamberlain v Neocom Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION – Applicant sought interim reinstatement – Applicant claimed unjustifiably dismissed by respondent – Authority found arguable case applicant unjustifiably dismissed – Found respondent’s business sold and applicant’s position made…
    Result:
    Application dismissed ; Costs reserved
  • Atkinson v Coverall Cleaning Concepts New Zealand Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – PENALTY – Applicant claimed respondent breached clause of parties’ settlement agreement (“SA”) stating applicant would be paid compensation within specified timeframe and sought penalty for breach of…
    Result:
    Applications granted; Compliance ordered; Penalty ($1,000)(payable to applicant) ($1,000)(payable to Crown) ; Costs in favour of applicant ($750) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Electrical Union 2001 Ltd v Mighty River Power Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Parties disputed interpretation of parties’ collective employment agreement (“CEA”) – Authority found parties did not agree as to how entitlement to four weeks’ annual leave would be met…
    Result:
    Questions answered in favour of respondent ; Costs reserved