• Heschl v Lewis & Ors

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or contractor – Authority found evidence showed applicant chose own hours of work, applicant provided own tools and often charged customers own prices - Found…
    Result:
    Application dismissed ; Costs to lie where they fall
  • Hines v Phillips

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - COMPLIANCE ORDER – Applicant sought compliance with settlement agreement (“SA”) that company applicant previously employed by (“company”) would pay applicant all arrears of holiday pay within agreed timeframe…
    Result:
    Application dismissed ; No order for costs
    • 31 July 2012

    • [2012] NZERA Christchurch 156

  • Tomo v Checkmate Precision Cutting Tools Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for stay of proceedings - Applicant had written to respondent seeking costs - Respondent claimed stay of proceedings in parties’ interest until Employment Court…
    Result:
    Application granted ; Orders made ; No order for costs
  • Pickering v Detection Services Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed – Authority found applicant's dismissal not justified on basis applicant would not hand over product development or agree respondent would…
    Result:
    Applications granted ; Contributory conduct (50%) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($117,351) ; Costs reserved
  • Kelly Services (New Zealand) Ltd v Pottingers and Ors

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – RESTRAINT OF TRADE – Parties disputed scope of interim injunction – Authority listed twelve customers covered by interim injunction – Authority listed one customer not covered by interim…
    Result:
    Application partially granted; Orders made
  • Wilson & Anor v Pow & Anor

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful arrears of wages claim - Length of investigation meeting not specified - Applicant sought $2,817 contribution towards costs - Respondent claimed amount sought excessive - Authority found…
    Result:
    Costs in favour of respondent ($2,450); Disbursements in favour of applicant ($71.56)(filing fee)
  • Baynes v Silver Fern Farms Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed as incapable of performing job – Authority found applicant no longer capable of…
    Result:
    Application dismissed; Costs reserved
  • Davey v Prime Range Meats Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably dismissed by respondent after work injury – Authority found respondent should have sought further information on applicant’s health before made decision to…
    Result:
    Application granted (unjustified dismissal) ; Compensation for humiliation etc ($5,000) ; Application dismissed (unjustified disadvantage) ; Costs reserved
  • Gallagher v Auckland Packaging Company Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by respondent’s suspension of applicant and unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed for…
    Result:
    Applications dismissed; Costs reserved
  • Sharma & Ors v Corporate Protection and Security Services Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicants sought arrears of wages – Authority found applicants worked hours claimed and entitled to be paid – Respondent to pay first applicant $520 arrears of…
    Result:
    Application granted; Arrears of wages ($520)(first applicant)($2,374)(second applicant)($1,702)(third applicant); Interest (5%); Disbursements in favour of applicants ($71.50)(filing fee); Costs reserved
    • 27 July 2012

    • [2012] NZERA Auckland 257