• Dirtworks Ltd (as trustee of Dirtworks Trust) v Blomfield and Anor

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Applicant sought interim injunction – First respondent (“B”) dismissed for redundancy – Second respondent (“M”) resigned employment – B and M started new company – Applicant claimed B,…
    Result:
    Application granted ; Costs reserved
  • Maritime Union of New Zealand v Ports of Auckland Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Parties sought removal on grounds that important questions of law likely to arise and same or similar matter…
    Result:
    Application granted ; Costs reserved
  • Staples v The Commissioner of Police

    R A Monaghan [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
  • Ahn v Woo & Ok Partnership

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Partially successful claim – One and a half day investigation meeting – Applicant sought indemnity costs or alternatively costs based on $3,500 daily tariff – Respondent claimed applicant’s…
    Result:
    Costs in favour of respondent ($3,350)
  • Chamberlain v Dynamic Compost Tea Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance and arrears claim – Successful claim for unpaid business expenses – Two day investigation meeting – Respondent sought contribution to costs – Respondent successful in…
    Result:
    No order for costs
  • Koerselman v Joiners NS Ltd (in liquidation) and Anor

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    PENALTY – Applicant sought penalty against second respondent (“R”) for being party to breach of applicant’s employment agreement with first respondent (“J”) – Applicant claimed J failed to pay wages…
    Result:
    Application granted ; Penalty ($2,000)(Payable by R to applicant) ; Costs in favour of applicant ($1,750)
  • Gray v Tranzit Coachlines (Wellington) Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unhappy about 10 hour break between completion of rostered shifts when doing rail work and…
    Result:
    Application granted ; Contributory conduct (75%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($4,000 reduced to $1,000) ; Costs reserved
  • McAuslin v George Weston Foods (NZ) Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent – Respondent regional sales manager (“M”) received complaint about applicant not completing in-store merchandising duties – Respondent territory manager (“J”) sent…
    Result:
    Application dismissed ; Costs reserved
  • Wood v United Fisheries Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant not employee rather was self-employed contractor and therefore could not have dismissed…
    Result:
    Application dismissed ; Costs reserved
  • Darlow v Cloud Twelve Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with settlement agreement (“SA”) – Respondent claimed additional financial constraints meant compliance with SA impossible and respondent’s financial position due to applicant’s conduct –…
    Result:
    Compliance ordered ; Costs to lie where they fall