• Pereneki v Thornton Park Retirement Lodge Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Withdrawn personal grievance claim – No investigation meeting – Respondent sought contribution towards costs – No appearance for applicant – Authority found respondent successful as applicant withdrew claim…
    Result:
    Costs in favour of respondent ($500)
  • Chin v Switch On Ltd and Anor

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Authority found applicant provided with employment agreement and only purpose of invoices provided by applicant to record hours worked by applicant…
    Result:
    Applications granted ; Arrears of wages ($2,200) ; Costs to lie where they fall
  • Zhou v Harbit International Ltd and Ors

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    RECOVERY OF MONIES – Applicant claimed paid first respondent $13,849 premium to secure and retain employment – Authority found first respondent received $13,849 premium in breach of s 12A(1) Wages…
    Result:
    Applications granted; Recovery of monies ($13,849.60); Arrears of wages ($15,251); Arrears of holiday pay ($1,587.40); Penalty – breach of Wages Protection Act 1983 ($3,000)(payable to applicant)($4,000)(payable to Crown); Penalty – failure to pay wages ($1,000)(payable to applicant)($1,000)(payable to Crown); Penalty – Failure to keep or provide wage and time records ($5,000)(payable to Crown); Reimbursement of lost wages ($640); Compensation for humiliation etc ($1,000); Costs reserved
  • Wildbore v Jerard

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant dismissed when respondent told applicant was letting applicant go and not to come back…
    Result:
    Applications granted ; Compensation for humiliation etc ($8,000) ; Reimbursement of lost wages ($2,220.22) ; Arrears of wages ($429.72) ; Arrears of wages (KiwiSaver employee contributions, KiwiSaver employer contributions and student loan repayments withheld from applicant’s wages)(parties to determine quantum) ; Arrears of holiday pay ($1,180.26) ; Costs reserved ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Kelly Services (New Zealand) Ltd v Pottinger and Ors

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting -Terms of settlement to be orders of the Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted; Orders accordingly; No order for costs
  • Warren Skerrett Investment Ltd & Ors v Broad

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application for joinder – Third party sought to be joined as party solely for determining costs - SWM joined solely for issue of determining costs -…
    Result:
    Costs in favour of third party joined for costs purposes ($3,500) ; Disbursements in favour of third party joined for costs purposes ($240)(photocopying charges)
  • Cvitanovich v Kirita Ltd

    K J Anderson [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
  • Ng v Paul Michael Min t/a Toprank.co.nz

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages – Authority found applicant received no remuneration for work undertaken – Respondent to pay applicant $1,315 arrears of wages – Interest…
    Result:
    Application granted; Arrears of wages ($1,315); Interest (5%); Disbursements in favour of applicant ($71.56)(filing fee)($11.50)(landline telephone calls)($10.08)(travel costs)($23.50)(mobile telephone calls); No order for costs
  • New Zealand Amalgamated Engineering, Printing and Manufacturing union Inc & Anor v Air New Zealand Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – COMPLIANCE ORDER – INJUNCTION – Parties disputed interpretation of coverage clauses in various collective employment agreements (“CEA”) – Applicants sought compliance with respective CEAs and injunction preventing respondent…
    Result:
    Applications dismissed; Question answered in favour of respondent; Costs reserved
  • Munro v Pukekohe Motorcycles (1993) Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed on ground of redundancy – Authority found nothing inappropriate in respondent’s change from…
    Result:
    Application granted; Contributory conduct (10%); Reimbursement of lost wages ($5,535); Compensation for humiliation etc ($7,500); Compensation for loss of benefit (medical insurance)(parties to determine quantum); Costs reserved