• Diagnostic Medlab Ltd v Lloydd

    D King [Employment Relations Authority - Auckland]

    Summary:
    INTERIM INJUNCTION – Application to enforce garden leave – Employment agreement (“EA”) provided employee must give 3 months notice of resignation and employer’s discretion to place employee on garden leave…
    Result:
    Application dismissed; Costs reserved
  • NZ Amalgamated Engineering Printing and Manufacturing Union Inc v Zeal 320 Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal to Employment Court (“EC”) - Applicant’s employment problem in two parts - First part was claim for penalties in respect of alleged breaches…
    Result:
    Application granted ; No order for costs
  • Langton v Sensation New Zealand Ltd & Anor

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement - 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
  • Wilkie & Anor v Hughes & Anor

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance for respondents - Applicants returned to family farm to assist respondents with milking - Applicants claimed constructively dismissed after respondents breached employment…
    Result:
    Application granted ; Reimbursement for lost wages ($565.25)(Applicant 1) ; Reimbursement for lost wages ($565.25)(Applicant 2) ; Compensation for humiliation etc ($2,500)(Applicant 1) ; Compensation for humiliation etc ($2,500)(Applicant 2) ; Disbursements in favour of applicants ($70)(Filing fee)
  • Caswell v Bruce Buchanan 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
  • The New Zealand Professional Fire Fighters Union and Ors v The New Zealand Fire Service Commission

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful interim injunction – Successful application for stay – Late withdrawal of personal grievance claim – Applicants claimed respondent breached collective employment agreement (“CEA”) in its appointment of…
    Result:
    Costs in favour of respondent ($8,425)
  • Clinical Horizons Ltd t/a the Dentists v Lornie

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    RECOVERY OF MONIES – Applicant sought recovery of overpaid wages – Applicant identified substantial overpayment of annual leave after respondent ceased employment – Parties entered into mediated settlement which provided…
    Result:
    Application granted (Recovery of monies) ; Application dismissed (Penalty); Interest (3.19%)($4,304.76 for 204 days ) (5.19%)($3,894.76 for 42 days) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Wales v Tourism Holdings Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Application to raise grievance out of time – Applicant instructed representative to raise grievance few days after alleged unjustified dismissal - Representative “overlooked” 90 day period…
    Result:
    Application granted; Costs reserved
  • Turipa v Double R Transport Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed - Respondent claimed applicant resigned - Respondent provided contract services to provider of steel products - Applicant called to meeting at end of…
    Result:
    Application dismissed ; Costs reserved
  • Sharma v Golden Indian Enterprises Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant on temporary work permit - Applicant claimed month into employment told restaurant would be closed for renovations for a month and would be paid for 15…
    Result:
    Application dismissed (Unjustified dismissal) ; Application granted (Arrears of wages) ; Arrears of wages ($634.25) ; Arrears of holiday pay ($290.77) ; Disbursements in favour of applicant ($70)(Filing fee)