• Fuimaono v New Zealand Racing Board

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - ARREARS OF WAGES – Applicant claimed unjustifiably disadvantaged by respondent’s unilateral reclassification of applicant’s position - Applicant sought arrears of wages – Alternatively applicant claimed misled by…
    Result:
    Application granted (arrears of wages) ; Arrears of wages (parties to determine quantum) ; Interest (5%) ; Application dismissed (unjustified disadvantage) ; Costs reserved
  • Robb v Awaroa Lodge Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance and unsuccessful arrears and jurisdiction claims – Five day investigation meeting – Applicant sought contribution to $22,000 total costs – Respondent claimed costs should lie…
    Result:
    Costs in favour of applicant ($10,000)
  • Lin v Zhou and Anor

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    RECOVERY OF MONIES – PENALTY – Applicant (Ms Lin – employee) claimed required by first respondent (Ms Zhou – managing director) to pay $6,000 as premium for job opportunity –…
    Result:
    Applications granted (recovery of monies)(penalty) ; Recovery of monies ($6,000)(premium) ; Recovery of monies ($5,000)(salary) ; Penalty ($15,000)($10,000 payable to Crown)($5,000 payable to applicant) ; Penalty ($7,000)($4,000 payable to Crown)($3,000 payable to applicant) ; Arrears of holiday pay (quantum to be determined) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • McGeown v Andy Andersons Industrial Services (2007) Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Applicant approached respondent about work and told no guarantee of regular work and no promise about amount of work or length of…
    Result:
    Application granted ; Costs reserved
  • Keightley (Labour Inspector) v Performance Auto Electrical Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Applicant previously sought compliance order that respondent pay employee (“X”) outstanding holiday pay - Parties reached agreement on terms of settlement – Respondent agreed would pay X…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Jones v Pact

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance – Half day investigation meeting – Respondent sought contribution in range between $9,000 and $14,250 to $22,000 total costs – Applicant claimed respondent only entitled…
    Result:
    Costs in favour of respondent ($5,000) ; Disbursements in favour of respondent ($1,275)
  • Wallace v G P and S L Glaister Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – No appearance for respondent – Applicant claimed owed unpaid wages from respondent – Applicant claimed performed range of tasks for respondent…
    Result:
    Application dismissed ; Costs reserved
  • Clark v The Swedish Sauna Co Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance - Applicant claimed unjustifiably dismissed by respondent – No appearance for respondent - Respondent claimed applicant’s employment subject to 90 day trial period – Parties…
    Result:
    Applications granted (unjustified dismissal, arrears of wages and holiday pay, recovery of monies and penalty (employment agreement)) ; Reimbursement of lost wages ($4,000) ; Compensation for humiliation etc ($3,000) ; Arrears of wages ($750) ; Arrears of holiday pay ($116) ; Recovery of monies ($40) ; Penalty ($500)(payable to applicant) ; Applications dismissed (penalty (good faith) and practice and procedure) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Lequesne v L A Transport Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement – 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
  • Kaluza v Ministry of Health

    G J Wood [Employment Relations Authority - Wellington]

    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