• Olsen & Anor v Te One A Mara Ltd & Ors

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Partially successful personal grievances – Two day investigation meeting - Both parties sought full costs from other party - Respondents made applicants Calderbank offer – Authority found as…
    Result:
    Costs in favour of respondents ($3,500)(second applicant) ; Costs to lie where they fall (first applicant)
  • Hill v Bernadette Enterprise Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably dismissed by respondent – Parties’ employment agreement (EA") included 12 week probationary period – Respondent manager (“C”) mistakenly believed…
    Result:
    Applications granted ; Reimbursement of lost wages ($994.50) ; Compensation for humiliation etc ($3,000) ; Arrears of wages ($229.50) ; Arrears of holiday pay ($79.56) ; Interest (5%) ; Costs reserved
  • Huang v Fei Li t/a Eland Internet Cafe and Games

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether applicant employed by respondent - Respondent denied applicant commenced employment at respondent – Applicant’s visa application supported by employment offer from respondent – Employment agreement (“EA”) signed…
    Result:
    Applications granted ; Contributory conduct (30%) ; Reimbursement of lost wages ($2,419.20) ; Compensation for humiliation etc ($2,450) ; Arrears of wages ($19,440) ; Arrears of holiday pay ($1,555.20) No order for costs ; Disbursements in favour of applicant ($378.22)(filing and hearing fees)
  • Chen v Clayton & Anor

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed employed applicant on casual basis - Respondent told applicant would provide written employment agreement (“EA”) after…
    Result:
    Applications granted (unjustified dismissal, arrears of wages and holiday pay) ; Reimbursement of lost wages ($4,756) ; Compensation for humiliation etc ($2,000) ; Arrears of wages ($518) ; Arrears of holiday pay ($1,133.80) ; No order for costs
  • Green v Globe Holdings Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Respondent claimed applicant contractor to separate company (“T”) which operated respondent – Respondent failed to provide copy of parties’ employment agreement (“EA”)…
    Result:
    Applications granted ; Arrears of wages ($1,353.69) ; Arrears of holiday pay ($26,773.22) ; Interest (5%) ; Penalty ($4,000)(payable to Crown) ; Costs reserved
    • 11 April 2012

    • [2012] NZERA Wellington 39

  • O'Brien v Holer New Zealand Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent unaware when employment commenced applicant did not have sufficient qualifications for position – Equipment sold or serviced…
    Result:
    Application granted ; Compensation for humiliation etc ($7,500) ; Costs reserved
  • Taia-Heka v Carter Holt Harvey Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Respondent claimed applicant had not raised grievance – Applicant’s statement of problem referred to grievance – Authority found respondent…
    Result:
    Application dismissed ; Costs reserved
  • Wood v Whakapai Holdings Ltd t/a Emprio

    D King [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages – No appearance for respondent - Applicant claimed respondent failed to pay applicant $7,499 wages during two month notice period in…
    Result:
    Applications granted ; Arrears of wages ($8,855) ; Recovery of monies ($10,000) ; No order for costs : Disbursements in favour of applicant ($71.56)(filing fee)
  • Subramaniam v TGH Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Applicant claimed respondent failed to pay wages during applicant’s notice period, failed to pay…
    Result:
    Application granted ; Arrears of wages ($7,335.19) ; Arrears of holiday pay ($923.09) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Wright v V Farms Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant employed on fixed term and employment came to end upon expiry of fixed term –…
    Result:
    Application granted (unjustified dismissal) ; Compensation for humiliation etc ($3,500) ; Application dismissed (arrears of wages) ; Costs reserved