• The Manufacturing & Construction Workers Union v Industrial Services Christchurch Ltd & Ors

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Identity of respondent – Authority found all four companies to be named as respondent – Found if orders made, to be made jointly or severally –…
    Result:
    Orders accordingly ; Penalty ($5,000 payable to applicant) ($2,000 payable to Crown) ; Costs reserved
  • Askin v Gulati & Anor

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Statement of problem misspelt surname of first respondent (“G”) – Authority made amendment – G sole shareholder and director of second respondent…
    Result:
    Applications granted (dismissal)(arrears of wages)(arrears of holiday pay) ; Application dismissed (sexual harassment) ; Compensation for humiliation etc ($2,500) ; Arrears of wages ($71.75) ; Arrears of holiday pay ($156.50) ; Disbursements in favour of applicant ($70)(filing fee)
  • C v AL Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Applicant sought interim reinstatement – Applicant, flight attendant (“FA”) and first officer (“FO”) on delayed flight so stayed in hotel overnight – Applicant, FA and FO consumed alcohol…
    Result:
    Application dismissed ; Costs reserved
  • Fry v Wise Wires Electrical Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant claimed owed $4,105 arrears of wages and holiday pay - Respondent accepted amount owing - Respondent claimed ceased trading due to economic…
    Result:
    Application granted ; Arrears of wages and holiday pay ($4,105.02) ; No order for costs
  • Hall v Pan Pacific Auto Electronics Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    RESTRAINT OF TRADE – Applicant sought orders be relieved from restraint of trade clause (“RTC”) in employment agreement (“EA”) – Applicant claimed RTC unnecessary when bound by confidentiality and non-solicitation…
    Result:
    Application partially granted (Restraint of trade clause enforceable)(Restraint period reduced from 6 months to 3 months) ; Applications dismissed (Order for release from restraint of trade clause)(Penalty)(Special damages) ; Costs reserved
  • Pack v Fat Daddy's Ltd & Anor

    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
  • Hood v Educare Management Ltd

    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
  • Parlane v Ron Dykman Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) - Respondent sought removal of applicant’s unjustified dismissal and parental leave complaints – Applicant opposed removal – No appearance…
    Result:
    Application dismissed ; Orders made ; Costs reserved
  • Kettle v New Bar 2008 Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - No appearance for respondent - Second applicant unable to attend investigation meeting as overseas, investigation suspended until Authority ascertained her intentions - Applicant claimed offered and accepted…
    Result:
    Application granted ; Reimbursement of lost wages ($2,240) ; Compensation for humiliation etc ($1,000) ; Disbursements in favour of applicant ($35)(Filing fee)
  • Fowler v Westpac New Zealand Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed respondent’s failure to return applicant to previous position after secondment breached statutory and good faith duties causing resignation – Respondent argued no…
    Result:
    Application dismissed ; Costs reserved