• Lelieveld v Tir Na Nog Enterprises Ltd and Ors

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – No appearance for respondent – Applicant sought compliance with determination AA 331/08 – Respondent advised Authority not interested in responding and no intention of paying amounts owed…
    Result:
    Compliance ordered ; Application dismissed (recovery against second and third respondents) ; Costs in favour of applicant ($350) ; Disbursements in favour of applicant ($70)(filing fee)
  • McCutcheon v Gallagher practising as Paul Gallagher Legal

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Less than one day investigation meeting - Respondent sought award of full costs of $8,876 - Authority found costs claimed included costs incurred during…
    Result:
    Costs in favour of respondent ($5,000)
  • Linton v Green Cabs Ltd

    D Asher [Employment Relations Authority - Wellington]

    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
  • Langton v Sensation Yachts Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant claimed outstanding wages and holiday pay – No statement in reply and no appearance by respondent – Authority found respondent had not shown good cause…
    Result:
    Application granted ; Arrears of wages ($2,804.09) ; Arrears of holiday pay ($2,881.18) ; Disbursements in favour of applicant ($70)(filing fee)
  • Wilkie v Sarvee Group Management Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Respondent’s directors were mother (“J”) and son (“K”) - K’s assistant (“M”) engaged to K - K claimed issued applicant with verbal warning - Applicant claimed no…
    Result:
    Application dismissed ; Costs reserved
  • Devi v APNA Networks Ltd

    G J Wood [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application for adjournment and leave to respond out of time - Respondent failed to lodge statement in reply - Informed by Minute would need to apply…
    Result:
    Applications granted ; Orders made ; No order for costs
  • Harkins v Crump t/a Nu Coat Painting

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Respondent argued applicant engaged on “labour only” basis as independent contractor – No written employment agreement – At interview, respondent advised applicant of hours of work, hourly rate…
    Result:
    Application dismissed ; Costs reserved
  • Nicholas v The Owners of Waitangi Terrace Station

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Applicant raised personal grievance – Respondent sought to invoke dispute resolution procedure provision in employment agreement (“EA”) – Applicant applied to Authority for injunction to restrain respondent from…
    Result:
    Questions answered in favour of applicant ; No costs awarded
  • Fleming v Affinity Services Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Whether respondent entitled to require applicant to work on days other than Saturdays – Authority found position description incorporated into employment agreement (“EA”) and stated applicant employed permanent…
    Result:
    Question answered in favour of applicant ; Application dismissed (disadvantage) ; Disbursements in favour of applicant ($70)(filing fee)
  • National Distribution Union v Alesana and 551 Others and Anor

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – First applicant (“union”) and respondent entered into collective employment agreement (“CEA”) covering 552 second applicants employed by respondent – Performance management and development system (“PDP”) applied to all…
    Result:
    Question answered in favour of respondent ; Costs reserved