• Yu v Li and Anor

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Applicant claimed was employee – Respondent claimed applicant contractor – Written agreement between parties stated applicant was contractor with agreement expressed to…
    Result:
    Application granted (Jurisdiction)(Unjustified disadvantage)(Arrears of wages and holiday pay) ; Application dismissed (Commission payments) ; Compensation for humiliation etc ($2,000) ; Arrears of wages and holiday pay (Quantum to be determined by parties) ; Counterclaim dismissed ; Costs reserved
  • Advanced Personnel Services Ltd v Strickland

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – Terms of settlement to be orders of Authority
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Binnig v Rahas Enterprises Ltd

    Y S Oldfield [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
  • Wilson v Promotional Systems Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance - Applicant dismissed two days after end of 90 day trial period – Applicant claimed dismissal unjustified and underpaid wages and holiday pay – Respondent…
    Result:
    Application granted ; Reimbursement of lost wages ($7,788.46) ; Compensation for humiliation etc ($7,500) ; Compensation for loss of company car ($540) ; Arrears of wages ($1,730.76) ; Arrears of holiday pay ($277) ; Interest (8.4%) ; No order for costs
  • Young v Bay of Plenty District Health Board

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified - Respondent did not seek further costs, expressed expectation applicant meet orders for costs already made – Applicant…
    Result:
    No order for costs
  • Prasad v Breakspeare Industries Ltd t/a Coastline Property Services

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance – Half day investigation meeting – Respondent sought $3,000 contribution – Applicant submitted not all costs incurred by respondent appropriate for Authority proceedings – Applicant…
    Result:
    Costs in favour of respondent ($1,200)
  • Begum (Labour Inspector) v Effective Fencing NZ Ltd and Ors

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant commenced action against second (“EFL”) and third respondent (“O”) to recover holiday pay – Applicant employee (“S”) commenced employment with EFL and continued employment until…
    Result:
    Application granted ; Costs reserved
  • Lamb v Burnside Dairy Farms 2008 Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION – Application for interim reinstatement pending substantive hearing – Applicant made redundant after restructuring - Authority noted reinstatement no longer primary remedy – Authority found earlier legislation no longer…
    Result:
    Application dismissed ; Costs reserved
  • Rew v Fare Cafe Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – Less than one day investigation meeting – Before substantive investigation completed respondent sought $7,159 contribution to costs – Applicant submitted unwell and receiving…
    Result:
    Costs in favour of respondent ($1,500)
  • Kerai v Stevenson Engineering Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance – Length of investigation meeting not specified - Applicant sought $4,000 contribution to costs and $628 in disbursements – Applicant claimed respondent unnecessarily prolonged proceeding…
    Result:
    Costs in favour of applicant ($3,000)