• Graham v Computer Transport Services (NZ) Ltd t/a Fliway Transport

    D Asher [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
  • Briskie v McHannigan & Anor

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance – Applicant legally aided in substantive matter – Authority noted normally recovery of contribution to costs unavailable where party legally aided – Respondent argued incurred…
    Result:
    Costs to lie where they fall
  • O'Rouke v Board of Trustees for Liston College

    K J Anderson [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
  • Sharma v Steel & Tube Holdings Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Whether accord and satisfaction – UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Applicant suffered health problems and went on sick leave – Respondent…
    Result:
    Application dismissed ; Costs reserved
  • Casares v AAV New Zealand (t/a Oktober)

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor - Applicant claimed unjustifiably disadvantaged by respondent’s failure to pay commission – Respondent claimed applicant independent contractor and no commission owed - Applicant…
    Result:
    Application dismissed ; Costs reserved
  • Hambly and Ors v Museum of Transport and Technology Board

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Applicants sought declaration were employees – Applicants accepted were volunteers at outset of employment but employment relationship developed over time – Applicants signed volunteer agreement which on face…
    Result:
    Application dismissed ; Costs reserved
  • Barzegari v Little Turkish Cafe

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed respondent failed to pay applicant minimum wage, three days sick leave, public holidays, annual holiday pay or wages for last week…
    Result:
    Application granted ; Arrears of wages and holiday pay (parties to calculate and agree on total amount owed) ; Costs reserved
  • Frazer v JHL Paint Management Services Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – JURISDICTION – Whether employee or independent contractor – Applicant claimed unjustifiably dismissed by respondent effected by removal of work vehicle used to perform duties – Respondent claimed…
    Result:
    Application dismissed ; Costs reserved
  • McLean (Labour Inspector) v AP & KE Pavich (Partnership)

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought unpaid holiday pay for former employee (“M”) of respondent - No appearance for respondent - Respondent failed to provide wage and…
    Result:
    Applications granted ; Holiday pay ($2,581.69) ; Interest (5%) ; Penalty (Breach of Employment Relations Act 2000)($2,500)(payable to Crown) ; Penalty (Breach of Holidays Act 2003)($2,500)(payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Winder v Chief Executive of the Department of Corrections

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s conclusion that applicant’s medical issues did not permit full duties without risk to self or others – Applicant told to apply…
    Result:
    Application dismissed ; Costs reserved