• Hale v Professional Property and Cleaning Services Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Applicant transferred employment to respondent from previous cleaning company – Applicant attended meeting about standard of cleaning and additional training…
    Result:
    Application dismissed ; Costs reserved
  • Hastie v Truescape Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    RESTRAINT OF TRADE – Applicant claimed restraint of trade clause unreasonable – Parties’ employment agreement (“EA”) included 12 month non-solicitation clause – Applicant claimed length of clause excessive – Applicant…
    Result:
    Application granted (restraint of trade) ; Orders accordingly ; Application dismissed (arrears of wages) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee) (quantum to be determined)(travel costs)
  • Kolo'ofai v Invercargill Passenger Transport Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent received email from passenger (“P”) alleging that applicant had stolen money from respondent – Applicant attended…
    Result:
    Applications granted ; Reimbursement of lost wages ($6,949.28) ; Compensation for humiliation etc ($7,500) ; Costs reserved
  • Macrury (Labour Inspector) v A Fursdon Employment Advice Ltd & Anor

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – Terms of settlement to be orders of Authority – Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • McCall v Que Westgate Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with settlement agreement (“SA”) – SA stated respondent would pay applicant $2,000 – Parties agreed respondent had failed to make any payments – Respondent…
    Result:
    Compliance ordered ; No order for costs
  • Katash v Raffles College of Design and COmmerce (New Zealand) Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIABLE DISMISSAL – Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant instructed to update respondent’s information (“task”) – Applicant interrupted task to attend scheduled meeting – Applicant argued…
    Result:
    Applications granted (unjustified dismissal)(arrears of wages and holiday pay); Reimbursement of lost wages ($15,000); Compensation for humiliation etc ($7,500); Arrears of wages and holiday pay (quantum to be determined); Application dismissed (counterclaim)(breach of contract); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs
  • Gibson and Anor v Quantum Grow Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicants claimed unjustifiably dismissed by respondent – No appearance for respondent – Authority found respondent failed to give reason for failure to attend investigation meeting…
    Result:
    Applications granted ; Reimbursement of lost wages ($7,499.97)(first applicant) ; Compensation for humiliation etc ($1,000)(first applicant) ; Reimbursement of lost wages ($6,002.21)(second applicant) ; Compensation for humiliation etc ($1,000)(second applicant) ; Arrears of holiday pay ($2,501.75)(first applicant) ; Arrears of holiday pay ($2,790.36)(second applicant) ; Recovery of monies ($368.66)(first applicant) ; Recovery of monies ($1,082.14)(second applicant) ; Interest (5%) ; Costs in favour of applicants ($1,750)
  • Ma v Dolche Design Ltd and Anor

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance and arrears claim – Less than one day investigation meeting – Applicant sought $2,500 contribution to costs – Authority found applicant successful in claims apart…
    Result:
    Costs in favour of applicant ($1,500) ; Disbursements in favour of applicant ($71.56)(Filing fee)
  • Matsuoka v LSG Sky Chefs New Zealand Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant sought removal to EC on basis important question of law likely to arise and EC already had…
    Result:
    Application granted ; Costs reserved
  • Shi v Les Mills Auckland Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent considered moving cleaning requirements to another company (“OCS”) – Respondent invited staff to meeting about proposal and…
    Result:
    Application dismissed ; Costs reserved