• Chawla v JMD Hospitality Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – RECOVERY OF MONIES - Applicant sought arrears of wages and recovery of monies – Respondent to pay applicant $3,800 arrears of wages and…
    Result:
    Application granted ; Arrears of wages ($3,800) ; Arrears of holiday pay ($1,197) ; Recovery of monies including disbursements ($1,000) ; No order for costs
  • Pure New Zealand Foods Ltd v Prakash

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    RESTRAINT OF TRADE - BARGAINING – Unfair bargaining – Authority found no unfair bargaining - Found applicant’s product recipe or storage and packaging of product not sufficiently exclusive to attract…
    Result:
    Application partially granted ; Penalty ($250)(payable to Crown) ($250)(payable to applicant) ; Costs reserved
  • Smith v Munchies On Marsden Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - Half day investigation meeting - Applicant sought $2,611.
    Result:
    Costs in favour of applicant ($2,500)
  • Tasneen Begum (Labour Inspector) v Effective Fencing NZ Ltd and Ors

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY – Applicant labour inspector sought arrears of holiday pay on behalf of employee (“S”) – Authority found S entitled to arrears of holiday pay claimed –…
    Result:
    Application granted (arrears of holiday pay); Arrears of holiday pay ($957.17)(annual holiday pay — first respondent)($532.63)(annual holiday pay — third respondent)($654.70)(public holiday pay — third respondent); Application dismissed (penalty); Costs in favour of applicant ($1,750); Disbursements in favour of applicant ($70)(filing fee)
  • Jarvis-Hall v Waikato Community Hospice Trust t/a Hospice Waikato

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent adopted stop/start process that caused applicant to conclude respondent’s concerns resolved – Found dismissing…
    Result:
    Applications granted; Reimbursement of lost wages ($20,000); Compensation for humiliation etc ($13,000); Recovery of monies ($7,123.29); Disbursements in favour of applicant ($71.56)(filing fee); Costs reserved
    • 05 July 2012

    • [2012] NZERA Auckland 228

  • McKinnon v Elders Rural Holdings Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    RESTRAINT OF TRADE – Applicant sought declaration restraint of trade clauses in parties’ employment agreement unenforceable – Authority found non-competition clause not unreasonable – Authority ordered non-competition clause geographical constraint…
    Result:
    Application partially granted ; Orders made ; Costs reserved
  • Asplett v Birchfield Minerals Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Authority found control test indicated applicant employee – Found applicant just as integrated as respondent’s other employees – Found fundamental test…
    Result:
    Application granted ; Costs reserved
  • Oxygen Business Solutions Ltd v Garcia aka Martinez

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful compliance order - Length of investigation meeting not specified - Applicant sought indemnity costs of $15,818 - Authority found applicant’s costs increased by respondents failure to…
    Result:
    Costs in favour of applicant ($7,500)
  • Danks v Hailes & Associates Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Partially successful claim - One and a half day investigation meeting - Applicant Sought $8,050 contribution towards costs - Respondent submitted that as the majority of applicant's claimed…
    Result:
    Costs in favour of respondent ($4,250)
  • Auckland City Couriers Ltd v Priest

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    PENALTY - Applicant sought penalty for respondent’s failure to comply with settlement agreement (“SA”) – Authority found respondent had breached parties’ SA – Found in circumstances maintaining confidentiality of SA…
    Result:
    Application granted ; Penalty ($1,000)(payable to applicant) : Costs reserved