• Hayllar and Anor v The Good Time Food Company Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court – Authority ordered matter be removed in entirety to Employment Court
    Result:
    Application granted ; Matter removed to Court ; No order for costs
  • Dogan v Switch On Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Applicant sought order that respondent comply with settlement agreement – Respondent failed to file statement in reply – Authority granted respondent leave to appear – Respondent accepted…
    Result:
    Consent order granted ; Orders accordingly ; Costs in favour of applicant ($600) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • New Zealand Meat Workers' Union of Aotearoa Inc v Affco New Zealand Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    GOOD FAITH – Applicant claimed respondent failed to meet good faith obligations in taking actions which undermined agreement between parties – Applicant claimed not available to respondent to make terms…
    Result:
    Applications granted ; Compliance ordered ; Costs reserved
  • Kyle v Board of Trustees, Hamilton's Fraser High School

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement following applicant’s application for compliance order – Terms of settlement to be orders of Authority – Order prohibiting publication of…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Robertson v Hoskin

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – Respondent obtained contract with another transport company to transport beer – Respondent told applicant that truck had…
    Result:
    Application granted (unjustified dismissal) (arrears of wages and holiday pay) ; Reimbursement of lost wages ($5,832) ; Compensation for humiliation etc ($1,000) ; Arrears of wages ($2,700) ; Arrears of holiday pay ($216) ; Interest (5%) ; Application dismissed (recovery of monies) ; Costs reserved
  • Ross v Tyreline Distributors Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant agreed to move to new fixed term role as wanted reduced hours and less travel – Parties…
    Result:
    Application granted ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Viljoen v Williams t/a Baz's Private Hire

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent informed applicant that school run might have to close down due to number of children going to…
    Result:
    Application granted (unjustified dismissal) ; Reimbursement of lost wages ($400) ; Compensation for humiliation etc ($500) ; Application dismissed (arrears of holiday pay) ; Costs in favour of applicant ($750)
  • Taljaard (Labour Inspector) v Sevans Operator Hire Ltd (in receivership and in liquidation) and Anor

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought order that second respondent (“E”) jointly and severally liable for arrears of holiday pay – No appearance for respondents - Authority previously determined first…
    Result:
    Application granted ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Jo v Cockcroft & Co Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance – Less than one day investigation meeting – Respondent sought $9,305 contribution to $10,000 total costs – Respondent claimed applicant failed to take into consideration…
    Result:
    Costs in favour of respondent ($3,000) ; Disbursements in favour of respondent ($105)
  • Deason v Antonopoulos and Anor t/a La Casa Pasta Ltd and Whonere Holdings Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance – No appearance for respondent - Respondent agreed to but failed to participate in mediation or file witness statements on time – Respondent applied for…
    Result:
    Applications granted ; Reimbursement of lost wages ($10,920) ; Compensation for humiliation etc ($10,000) ; Arrears of wages ($230) ; Arrears of holiday pay ($201.60) ; Penalty ($3,000) ; ($1,500 payable to applicant)($1,500 payable to Crown) ; Costs reserved