• Carstens v Seven Electrical Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought indemnity costs of $16,550 - Respondent argued claim vexatious - Applicant argued claim not vexatious and represented…
    Result:
    Costs in favour of respondent ($3,000)
  • Banks v Johansen-Smith and Anor

    P Montgomery [Employment Relations Authority - Christchurch]

    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
  • Postal Workers Union and Anor v New Zealand Post

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Applicant argued respondent failed to correctly pay statutory holiday pay – Applicant claimed overtime during period before statutory holiday should have been included in relevant daily pay calculation…
    Result:
    Orders made; Costs reserved
  • New Zealand Public Service Association Inc v Asure Quality Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – What constituted “meal break” under Hours of Work Agreement (“HOW”) – Employees’ received allowance if worked continuously for five hours without meal break - HOW provided for 30…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Te Amo v Becon Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance and arrears claim – 1 ï¾½ days investigation meeting – Respondent sought full costs of $9,706.
    Result:
    Costs in favour of respondent ($4,500)
  • Dittmer v Progressive Investment Enterprise Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Parties had business relationship prior to alleged employment - Applicant claimed offered and accepted managerial position – Claimed offered salary, car, lap-top…
    Result:
    Application dismissed; Costs reserved
  • Mott v Naseeb

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with terms of settlement – Record of settlement required respondent to pay weekly instalments of arrears sum – Respondent stopped paying instalments - In…
    Result:
    Compliance ordered ; Disbursements in favour of applicant ($70)(filing fee)
  • Gillogley v KiwiRail Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE - ARREARS OF WAGES – Applicant claimed entitled to 5 percent of gross taxable earnings for fixed term employment period – Respondent argued applicant not entitled to sum as…
    Result:
    Applications granted ; Question answered in favour of applicant ; Arrears of wages (Quantum to be determined) ; Costs reserved
  • Painter v Canstaff Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Constructive dismissal – Unjustified disadvantage – Applicant signed employment agreement (“EA”) specifying work hours and wage rate – Applicant claimed arrears of wages over four month…
    Result:
    Application partially granted ; Costs reserved
  • Dairy Relief Services Ltd v Heathcote

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    RECOVERY OF MONIES - Applicant claimed respondent accepted payment from applicant while being paid for same work by third party - Respondent accepted owed sum claimed by applicant and agreed…
    Result:
    Application granted ; Recovery of monies ($5,626.92) ; Costs reserved