• McGeown v Andy Andersons Industrial Services (2007) Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Whether grievance commenced within three years – Authority found request that respondent attend mediation followed by provision of details…
    Result:
    Applications dismissed; Costs reserved
  • Lal v Mudliar Motors Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee – Authority found respondent should not have signed employment documents if did not reflect respondent’s intentions – Found applicant employee – UNJUSTIFIED DISMISSAL – Dismissal…
    Result:
    Applications granted; Reimbursement of lost wages ($1,512); Arrears of wages (8,260.74); Arrears of holiday pay ($1,026.25); Interest (5%); Costs in favour of applicant ($750); Disbursements in favour of applicant ($71.56)(filing fee)
  • Medway, Labour Inspector of the Ministry of Business Innovation and Employment (Formerly The Department of Labour) v The New Zealand House Inspection Co (Wellington) Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with previous Authority determination – Compliance ordered – Interest payable for additional period since previous Authority determination
    Result:
    Application granted; Compliance ordered; Interest payable ($514.50); Costs reserved
  • Pinn and Ors v Solid Energry New Zealand Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicants claimed unjustifiably dismissed by respondent – Authority found respondent misled applicants by promoting skills assessment tool as central mechanism for selecting redundant staff –…
    Result:
    Applications granted; Reimbursement of lost wages and superannuation (parties to determine quantum)(first and third applicants); Compensation for humiliation etc ($10,000)(first, second and third applicants); Costs reserved
  • McAlister v Hadley Francis Ltd and Ors

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    JURISIDICTION – Whether Authority had jurisdiction to consider applicant’s arrears of KiwiSaver claim – No jurisdiction to consider applicant’s arrears of KiwiSaver claim – RECOVERY OF MONIES – Applicant sought…
    Result:
    Application granted (recovery of monies); Recovery of monies ($1,922.46); Applications dismissed (jurisdiction – arrears of KiwiSaver)(practice and procedure); Costs to lie where they fall
  • Gee v Hillsborough Travel Ltd t/a Travelsmart

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parities agreed applicant entitled to unpaid statutory annual leave entitlement but disagreed on number of days owed - Parties reached agreement on terms of settlement at investigation…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Newmark v Board of Trustees Waikowhai Intermediate School & Ors

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Whether second and third respondents should be joined as parties – Authority found no basis to join second and third respondents as parties to applicant’s personal…
    Result:
    Application partially granted; Costs reserved
  • Milne v Air New Zealand Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Applicant claimed respondent failed to inform applicant of right to seek advice, right to individual employment agreement or provide information about respondent’s appointment processes when employment…
    Result:
    Application dismissed ; No order for costs
  • Farmers Transport Ltd v Hislop and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreements on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Lin v Zhou & Anor

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Partially successful claim - One and a half day investigation meeting - Applicant sought $6,000 contribution towards costs - Respondent claimed as applicant was unsuccessful in her claims…
    Result:
    Costs in favour of applicant ($3,500)