• Flack v PM Electrical Services Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES - ARREARS OF HOLIDAY PAY - No appearance for respondent - Applicant claimed owed unpaid wages and holiday pay - Applicant summarily dismissed after expressed concern about…
    Result:
    Applications granted ; Arrears of wages ($1,000) ; Arrears of holiday pay ($442.50) ; Interest (4.8%) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Manger v South Wairarapa District Council

    P Cheyne [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Whether applicant’s current position substantially different from new role – Respondent underwent restructuring – Applicant argued new position not substantially different from current position – Applicant claimed unjustifiably…
    Result:
    Application dismissed ; Costs reserved
  • Richardson v Sherenden Station Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed owed unpaid wages and holiday pay – Respondent acknowledged holiday pay owing but wished to off set amount against sums owed…
    Result:
    Application granted (arrears of holiday pay) ($2,170.34) ; Recovery of wages (reserved) ; Application dismissed (arrears of wages)(breach of contract)(recovery of monies) ; Costs reserved
  • Ron Richdale Fire Equipment Services Ltd v Beaumont

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Applicant sought to enforce alleged restraint of trade on respondent – Respondent previously employed by L services – L services sold to applicant effective under sale and purchase…
    Result:
    Application dismissed ; Costs in favour of respondent ($3,000)
  • Konica Minolta Business Solutions New Zealand Ltd v Love

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    RESTRAINT OF TRADE - Applicant sought to prevent respondent from working for new employer (“F”) until expiry of restraint of trade - Respondent opposed to application but offered undertakings -…
    Result:
    Application granted ; Orders made ; Costs reserved
  • Scragg v McAlpine Hussman Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - Length of investigation meeting not specified - Applicant sought contribution of between $2,000 and $3,000 to total costs of $3,257 - Claimed Authority found…
    Result:
    Costs to lie where they fall
  • Phillips and Anor v Criterion Group Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Applicants claimed entered into employment relationship with respondent only to have agreement later denied by respondent’s directors – Applicants sought salary for two year period, compensation for loss…
    Result:
    Application dismissed ; Costs reserved
  • Holland v Bright Babes Ltd t/a Bright Babes Early Learning Centre

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    PENALTY - Applicant claimed respondent breached terms of mediated Record of Settlement (“settlement”) - Claimed breach was breach of s149 Employment Relations Act 2000 (“ERA”) and sought penalty - Applicant…
    Result:
    Application dismissed ; Costs reserved
  • Wang v Hamilton Multicultural Services Trust

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal to Employment Court (“EC”) - Authority previously determined applicant precluded from bringing unjustified disadvantage claim as had made complaint of unlawful discrimination to…
    Result:
    Application granted ; Matter removed to Court ; No order for costs
  • Labour Inspector (Dirkzwager) v Jisana Properties (NZ) Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF HOLIDAY PAY – Applicant Labour Inspector claimed unpaid public holidays and unpaid holiday pay when employment ceased – Applicant sought interest on sums – Respondent acknowledged payment owed…
    Result:
    Application granted ; Arrears of holiday pay ($2,829.86) ($833.40)(unpaid statutory days) ; Application dismissed (penalty) ; Disbursements in favour of applicant ($70)(filing fee) ; No order for costs