• How v M & C Campin t/a Chequers Stud

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES - Applicant claimed not paid at applicable minimum wage throughout employment - Labour Inspector investigated claim and concluded applicant paid less than applicable minimum rate of pay…
    Result:
    Applications granted (Arrears of wages)(Arrears of holiday pay – public holidays) ; Arrears of wages ($2,765.38) ; Arrears of holiday pay ($1,333.28) ; Interest (4.8%) ; Applications dismissed (Arrears of holiday pay - annual leave) ; (Penalty) ; Costs reserved
  • Wang v Hamilton Multicultural Services Trust

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Applicant claimed unjustifiably disadvantaged – Respondent argued applicant commenced same or similar matters proceedings in Human Rights Commission (“HRC”) – Respondent claimed application to Authority barred by s112…
    Result:
    Application dismissed ; Costs reserved
  • Ford v Metallic Sweeping (1998) Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant argued staff member aggressive and abusive – Applicant alleged managing director witnessed altercation and failed to intervene when it appeared to be turning…
    Result:
    Application dismissed ; Costs reserved
  • Scoltock v Ryman Healthcare Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Fixed term employment – Respondent argued no unjustified dismissal and that employment relationship ended upon completion of carpentry work on project – Respondent argued employment relationship ended…
    Result:
    Application dismissed ; Costs reserved
  • Dryland v Kung Brothers Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Credibility finding in favour of respondent - Respondent’s evidence preferred - Applicant failed to return to respondent’s property in time to complete afternoon milking…
    Result:
    Application granted ; Costs reserved
  • Bowden v Kaefer Intergrated Services Pty Ltd

    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
  • Duncan v Restaurant Brands Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful personal grievance - Half day investigation meeting - Respondent sought contribution to total costs of $14,837 - Respondent claimed offered solutions to applicant to resolve matter -…
    Result:
    Costs in favour of respondent ($1,500)
  • Shearer v Jardin Nous Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Applicant claimed owed unpaid money totalling $2,400 – Payment of money infrequent – Respondent provided work opportunities for applicant but applicant worked…
    Result:
    Application dismissed ; Costs to lie where they fall
  • Synapsys NZ Ltd v Smith

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER – Parties reached agreement following phone conference – Respondent lodged statement of problem alleging applicant breached terms of employment agreement misappropriating funds to value of $139,541 – Applicant…
    Result:
    Consent order granted ; Orders accordingly ; Costs in favour of respondent ($1,000)
  • Clifford v P L Clarke Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION – Application for interim reinstatement – Applicant dismissed for possession of respondent’s property – Applicant given gift by client – Respondent argued applicant aware gifts belonged to company –…
    Result:
    Application granted ; Interim reinstatement ordered on conditions ; Costs reserved