• Van Daal v Calibre Boats NZ Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive dismissal – No appearance for respondent – Respondent part of umbrella company – Applicant claimed constructively dismissed following breach of good faith – Applicant employed by…
    Result:
    Application granted (Arrears of holiday pay) ; Application dismissed (Dismissal); Arrears of holiday pay ($7,384.62) ; Costs reserved
  • James v 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 - Respondent to pay applicant $650 by cheque
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Hose Supplies (New Zealand) Ltd v Ryan and Anor

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    INTERIM INJUNCTION – Restraint of trade – Respondent’s former employees of applicant – Applicant claimed respondents breached, duty of fidelity, confidence, contract, and good faith – Applications consolidated – Applicant…
    Result:
    Applications dismissed ; Costs reserved
  • Adams v NYK Logistics Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought declaration failure to review performance breached employment agreement (“EA”) – Authority found EA breached and confirmed allegation – However no personal grievance raised within…
    Result:
    Application partially granted ; Arrears of wages ($300)(Bonus) ; Costs reserved
  • Whitten v Ogilvy New Zealand Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful applications for removal and referral of question of law to Employment Court - No investigation meeting - Applicant sought full indemnity costs of $8,772 - Claimed Authority…
    Result:
    Costs in favour of applicant ($4,386)
  • Argue v Premier Horse Transport (2007) Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Less than one month’s employment – Applicant took company vehicle for personal use without advising respondent or seeking permission – Applicant dismissed after disciplinary…
    Result:
    Application dismissed ; Costs reserved
  • Sue & Ors v HMSC-Aial Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT - Applicants sought declaration respondent failed to provide paid break specified in employment agreement (“EA”) and so breached EA - Applicants sought order for reasonable compensation for…
    Result:
    Application dismissed ; Costs reserved
  • Malan v Zealandia Horticulture Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Applicant invoiced respondent through limited liability company - Authority found arrangement solely for tax purposes - Found no contract between respondent and…
    Result:
    Application granted ; Reinstatement ordered ; Compensation for humiliation etc ($15,000 reduced to $10,000) ; Costs reserved
  • Diagnostic Services Medlab Ltd v Lloydd

    D King [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal to Employment Court (“EC”) - Respondent sought removal under s178(2)(a) and s178(2)(b) Employment Relations Act 2000 - Respondent claimed important questions of law…
    Result:
    Application dismissed ; Costs reserved
  • Te Ao v The Chief Executive of the Department of Labour

    P R Stapp [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant employed as mediator by respondent - Parties to mediation complained about applicant’s conduct – Alleged applicant hugged one party during caucusing, made inappropriate…
    Result:
    Application dismissed ; Costs reserved