• Edwards v ERS New Zealand Ltd T/A Transpacific Industrial Solutions

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Partially successful restraint of trade claim - Unsuccessful personal grievance claim - Partially successful counterclaim for breach of contract and penalty - Two day investigation meeting - Applicant…
    Result:
    Costs in favour of applicant ($6,000) ; Disbursements in favour of applicant ($893)
  • Oliver v Brown t/a Autoweb Solutions

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES – JURISDICTION – Whether employee or independent contractor – Applicant claimed owed $1,070 for work completed for respondent – Respondent argued applicant never employee – Applicant applied…
    Result:
    Application granted ; Arrears of wages ($1,070)
  • Tan v Wong and Anor

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - Successful arrears of wages claim - Two day investigation meeting - Applicant sought total costs and disbursements of $59,291 - Respondents claimed should not…
    Result:
    Costs in favour of applicant ($5,500) ; Disbursement in favour of applicant ($242)(Filing fee and hearing fee)
  • McKendry v Jansen and Anor

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Quantification of remedies - In earlier determination Authority found applicant had personal grievance - Authority reserved applicant’s claim for lost benefits, being loss of paid parental…
    Result:
    Application granted ; Loss of benefit ($4,816.36)(Parental Leave) ; Costs reserved
  • Bierre v Auckland District Health Board

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought certain evidence not be disclosed to Authority in consequent raising personal grievance matter – Respondent argued material in question not confidential and should be…
    Result:
    Orders accordingly ; Costs reserved
  • Clark v Department of Labour

    D King [Employment Relations Authority - Auckland]

    Summary:
    PARENTAL LEAVE – Applicant sought review of respondent’s decision not entitled to paid parental leave (“PPL”) – Applicant self employed and required to apply for parental leave before returned to…
    Result:
    Application dismissed ; No order for costs
  • Pascoe v APN Print NZ Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by not being paid redundancy compensation – Respondent began process of closing operation at worksite 1 and having same work completed worksite 2…
    Result:
    Application dismissed (Disadvantage) ; Orders made ; Recovery of monies (redundancy compensation) ; Interest (Quantum to be determined) ; Costs reserved
  • Murray v Sky Services Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed following disciplinary meeting – Respondent argued applicant resigned – Respondent met with applicant to discuss complaint about applicant from former…
    Result:
    Application dismissed ; Costs reserved
  • Forsythe v ANZ National Bank Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Whether respondent offered applicant redeployment too late to avoid obligations to pay redundancy compensation – Applicant’s position to be disestablished – Applicant due to go on parental leave…
    Result:
    Questions answered in favour of applicant ; Redundancy compensation payable ; Interest (5%) ; No order for costs
  • Bishop and Ors v Waitemata District Health Board

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    RECOVERY OF MONIES – Applicants claimed respondent unlawfully deducted money from payments received from declaratory judgments of Employment Court (“EC”) – Deductions concerned shoe allowance paid during relevant period –…
    Result:
    Orders accordingly ; Costs reserved