• McIntyre v Whangaroa Big Gamefish Club Inc

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT - Respondent argued released from obligations under settlement agreement due to applicant's breach of its terms - Applicant sought compliance order - Authority found settlement agreement did…
    Result:
    Order made ; Damages in favour of applicant (Quantum to be determined)
  • Hampson v Irwin

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    RECOVERY OF MONIES – Applicant claimed owed payment for expenses incurred during employment with respondent in Australia – Authority found respondent failed to provide applicant with ongoing employment – Found…
    Result:
    Application granted ; Recovery of monies ($990) ; Disbursements in favour of applicant ($70)
  • Denyer (Labour Inspector) v Stapleton & Co Accountants Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY – No appearance for respondent – Applicant Labour Inspector on behalf of employee (X) sought $1,121 arrears of holiday pay – Authority found arrears due and…
    Result:
    Applications granted ; Arrears of holiday pay ($1,121.39) ; Penalty ($250)(Payable to employee) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Te Whata v Drive Thru Coffee Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Applicant claimed not expressly shown fixed term provision in employment agreement – Found s66 Employment Relations Act 2000 did not impose that obligation on employers -…
    Result:
    Application dismissed (Unjustified disadvantage) ; Application granted (Unjustified dismissal) ; Reimbursement of lost wages (10 weeks reduced to 5 weeks) ; Compensation for humiliation etc ($2,000 reduced to $1,000) ; Costs reserved
  • Parata v The $2 Shop Lynnmall Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant claimed unjustifiably dismissed without warning and explanation – Applicant unsuccessfully sought explanation from respondent – Authority found in absence of explanation,…
    Result:
    Application granted (Unjustified dismissal) ; Application dismissed (Penalty) ; Reimbursement of lost wages ($17,500) ; Compensation for humiliation etc ($9,000) ; Costs reserved
  • Yang v New Zealand College of Chinese Medicine Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Applicant claimed parties’ intention applicant be employee – Respondent argued applicant contractor at all material times – Parties entered into series of…
    Result:
    Application dismissed ; Costs reserved
  • Gibbons v Quality Marshalling (Mount Maunganui) Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by suspension - Applicant involved in two health and safety incidents - At meeting to discuss incidents was agreed applicant be stood down…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($1,000) ; Costs reserved
  • Dittmer v Progressive Investment Enterprise Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful jurisdiction application – Length of investigation meeting not specified - Respondent sought $16,752 as full indemnity costs on following grounds – First, applicant and their representative’s conduct…
    Result:
    Costs in favour of respondent ($10,000) ; Disbursements in favour of respondent ($70)(Filing fee)
  • Middleton v Brickley-Clarke

    P R Stapp [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
  • Christey v Searell & Co Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably disadvantaged by respondent when policy changed regarding laptop, not invited to race night, old clients deleted from system, removal of remote…
    Result:
    Application granted (Dismissal) ; Applications dismissed (Disadvantage) (Counterclaim) ; Reimbursement of lost wages (10 weeks) ; Compensation for humiliation etc ($18,000) ; Costs reserved