• Dell v ABC01 Ltd (formerly Primary Heart Care Ltd)

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with previous Authority determination – Compliance ordered
    Result:
    Application granted; Compliance ordered; Disbursements in favour of applicant ($71.56)(filing fee); No order for costs
  • Mander v IHC New Zealand Inc

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by being bullied and harassed by respondent – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant…
    Result:
    Applications dismissed; Costs reserved
  • Ramkissoon v The Commissioner of New Zealand Police

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority found issues surrounding scope of power to review appointments under State Sector Act 1988 and scope of…
    Result:
    Application granted; Costs reserved
  • Anderson v Clough Agriculture Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES - Applicant claimed respondent failed to pay applicant correct sales bonus for two financial periods – Authority found applicant had express contractual entitlement to bonus – Found…
    Result:
    Application granted (arrears of wages) ; Arrears of wages ($12,150.75) ; Interest (5%) ; Application dismissed (penalty) ; Costs reserved
  • Mitchell v Eastland Group Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance claim - One day investigation meeting - Respondent sought $15,000 contribution towards costs - Respondent made three Calderbank offers - Applicant claimed left exposed due…
    Result:
    Costs in favour of respondent ($12,000); Disbursements in favour of respondent ($1,112.87)
  • Shoebridge v Parakai Motordrome (2009) Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Half day investigation meeting - Respondent sought contribution towards costs - Respondent made Calderbank offer - Authority found Calderbank offer not sufficient at point…
    Result:
    No order for costs
  • Beckman v Abdul Hussein t/a Hairpro New Lynn

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably disadvantaged by reduction in working hours and unjustifiably dismissed by respondent – Applicant hospitalised and took periods of sick…
    Result:
    Application granted; Compensation for humiliation etc ($2,500); Costs reserved
  • Elnaschie and Hick v Tairua Dive & Fishinn (2008) Ltd t/a Tairua Fishinn & Hunting

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicants sought arrears of wages – Respondent to pay first applicant $735 arrears of wages and second applicant $1,015 arrears of wages
    Result:
    Applications granted; Arrears of wages ($735)(first applicant)($1,015)(second applicant); Disbursements in favour of applicants ($71.56)(filing fee); No order for costs
  • Ghazali v Middlemore Retail Pharmacy Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor during last five months of engagement – Authority found application of control, integration, fundamental and mixed tests made it quite clear…
    Result:
    Application granted ; Arrears of wages ($580) ; Arrears of holiday pay ($3,129.72) ; Interest (5%) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Stevenson v R R Fisher & Company Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PENALTY – Applicant sought penalty for respondent’s failure to comply with settlement agreement (“SA”) – Authority found respondent breached SA by making payment late – Found respondent failed to make…
    Result:
    Application granted; Penalty ($1,000)(payable to applicant); Costs reserved