• McKendry v Jansen & Anor

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Identity of respondent - Respondents’ claimed company they were directors and shareholders of was applicant’s employer - Authority found written employment agreement identified employer as respondents…
    Result:
    Applications granted ; Reimbursement of lost wages (Quantum to be determined) ; Question referred to Employment Court ; Costs reserved
  • Phillips & Anor v Criterion Group Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful jurisdiction application – One day investigation meeting – Respondent sought $3,000 as reasonable contribution to costs – Respondent claimed costs reasonable as took into account applicant’s claimed…
    Result:
    Costs in favour of respondent ($2,800)
  • Gardner v Link Business Broking Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS - No appearance for respondent at scheduled investigation meeting - Applicant requested adjournment to allow further opportunity for respondent to attend investigation meeting into claim - Adjournment granted -…
    Result:
    Costs in favour of applicant ($500)
  • Kelleher v Wiri Pacific Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application to stay costs order pending outcome of challenge to Employment Court (“EC”) – Applicant challenged Authority’s earlier substantive determination in EC – Applicant transferred $9,000…
    Result:
    Application for stay granted ; Costs reserved
  • Peake v Pernod Ricard New Zealand Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed dismissal unjustified – Respondent argued applicant’s misconducts sufficiently serious to justify dismissal – Applicant convicted of drunk driving resulting…
    Result:
    Applications dismissed ; Counterclaim partially granted ; Recovery of monies ($550)(Wasted spray) ; No order for costs
  • Sidana v Anil Securities Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – No appearance for respondent – Applicant authorised to work as responsible employee of security guard – Applicant claimed not paid for all hours worked for respondent…
    Result:
    Application granted ; Arrears of wages ($2,907.00)
  • Loveday Brown v Splendeur Beauty Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Applicant claimed not paid holiday pay or for final week’s work when left employment - Respondent confirmed payments not made - Respondent claimed in serious difficulties and…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Purves v Waikato District Health Board

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant claimed raised unjustified disadvantage grievance within time – Claimed terms of new employment agreement (“EA”) caused disadvantage – Authority found no grievance raised after new…
    Result:
    Applications dismissed ; Costs reserved
  • Labour Inspector (J Henning) v Reid Patterson Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES - Applicant Labour Inspector sought arrears of wages and holiday pay on behalf of two employees ((“H”) and (“T”)) - No appearance for respondent - Respondent accepted…
    Result:
    Applications granted ; Arrears of wages and holiday pay ($6,204.17)(H) ; Arrears of wages and holiday pay ($1,245.24)(T) ; Interest (5.31%) ; Penalty ($1,500)($750 payable to Crown)($750 payable to H) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Ahmed v Spotless Services (NZ) Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant claimed unjustifiably dismissed following sexual harassment allegation which applicant denied – Respondent argued dismissal justified and grievance not raised within 90 day period – Incident…
    Result:
    Application dismissed ; Costs reserved