• Hanson v Braveheart Builders Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with mediated settlement agreement - Respondent acknowledged sum not paid but claimed could not afford to pay - Parties agreed by consent for respondent…
    Result:
    Compliance ordered ; No order for costs
  • Hedges and Ors v Air New Zealand Ltd

    R A Monaghan [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
  • Bak v Wasan International Co Ltd and Anor

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Owner of first and second respondent’s (“K”) argued applicant not an employee of either company – K argued second respondent and third…
    Result:
    Application granted ; Arrears of wages ($7,832.09) ; Arrears of holiday pay ($2,190.57) ; Interest (9%) ; Disbursements in favour of applicant ($70)
  • Ripohau v Bridgeman Concrete (Hawkes Bay) Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION - Application for interim reinstatement - Applicant dismissed following inquiry into allegations of unsafe driving and that harassed co-worker (“X”) because not member of applicant’s union - Authority found…
    Result:
    Application granted ; Costs reserved ; Reinstatement granted (interim)
  • Gibson v The Auckland Gas Company Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION - Application for interim reinstatement - Applicant’s relationship with senior account manager (“K”) strained - Parties disputed cause of strain - K claimed applicant made comment he considered was…
    Result:
    Application granted ; Interim reinstatement ordered on conditions ; Costs reserved
  • Bullet Freight Systems Ltd v Fraser

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    RECOVERY OF MONIES – No appearance for respondent – Applicant sought repayment of compensatory sum paid to respondent under settlement agreement (“SA”) on grounds respondent had not complied with terms…
    Result:
    Application dismissed ; Costs in favour of applicant ($504)
  • Taylor v Trends Realty Ltd

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    JURISIDICTION – Whether employee or independent contractor – Respondent’s owner (“P”) investigated new business model involving incorporation of new company to manage all respondent’s business interests – P interested in…
    Result:
    Application dismissed ; Costs reserved
  • Pulp & Paper Industry Council of the Manufacturing and Construction Workers Union & Anor v Norske Skog Tasman Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Applicants sought order respondent comply with s69OJ Employment Relations Act 2000 (“ERA”) - Sought order preventing respondent from restructuring until collective employment agreement (“CEA”) contained employment protection provision…
    Result:
    Questions answered in favour of applicants ; Orders made ; Costs reserved
  • Roper v Pikarere Farm Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Issue arose as to grazing of cattle on neighbour’s property - Respondent’s director (“S”) claimed told by applicant another person owned cattle and then…
    Result:
    Application dismissed ; Costs reserved
  • Rodgers v The Avenue Hotel and Conference Centre Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct - Respondent received complaint from guest about applicant’s response to guest’s urgent medical crisis – Applicant suspended on full pay without notice or opportunity for…
    Result:
    Application granted ; Costs reserved