• Stockman-Quicke v Jeanette Wilson Ltd and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Statement of problem named Jeanette Wilson Ltd (“company”) and Dharmic Trust (“trust”) as respondents – “JW” was one of trust’s trustees and…
    Result:
    Applications dismissed (arrears of holiday pay)(arrears of wages)(recovery of monies) ; Costs to lie where they fall
  • David O'Neill Contracting Ltd v Labour Inspector (Henning)

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Applicant lodged objection to respondent Labour Inspector’s demand notice – Demand notice sought payment of annual and statutory holiday pay – Applicant’s first ground of objection…
    Result:
    Application dismissed ; Arrears of holiday pay ($9,271.56) ; Costs reserved
  • Temperzone Ltd v Joy

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    INTERIM INJUNCTION - Mareva injunction - Ex-parte application - Applicant claimed respondent acted in breach of contractual and statutory duty of good faith by receiving secret commission payments from applicant’s…
    Result:
    Application granted ; Orders accordingly ; Costs reserved
  • Smith v Pacific Palms International Resort & Golf Club Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Credibility finding in favour of applicant – Respondent’s director (“A”) established company (“B&B”) with applicant and wife as directors and shareholders –…
    Result:
    Application granted ; Reimbursement of lost wages ($72,000) ; Arrears of wages ($117,750) ; Interest (10%) ; Compensation for humiliation etc ($15,000) ; Costs reserved
  • Fanto v Pacific Flight Catering Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent submitted costs figure of $7,000, comprising of $5,400 for legal costs, $1,100 for witnesses costs and…
    Result:
    Costs in favour of respondent ($500)
  • Anderson v Resolution Audio Visual Consultants Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought contribution to costs plus disbursements - Respondent's time taken up unnecessarily by voluminous reference material used to…
    Result:
    Costs in favour of respondent ($4,000)
  • Lawrence v Begg & Anor

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – No appearance by respondent – Authority found no good cause for failure to attend investigation meeting – Applicant sought to recover unpaid wages and interest –…
    Result:
    Application granted ; Arrears of wages ($2911.55) ; Interest ($195.81) ; No order for costs
  • Malborough Mortgages Ltd t/a Mike pero Mortgages - Marlborough v Nichols

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER – RESTRAINT OF TRADE – Applicant sought order respondent comply with restraint of trade provisions in individual employment agreement (“IEA”) and cease working for new employer National Bank…
    Result:
    Compliance declined ; Orders accordingly ; Costs reserved
  • Smith & Anor v Career Engineer Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Supplementary costs decision - Previous costs award in favour of respondent for $750 - Applicant submitted did not receive opportunity to respond to respondent's costs claims for breach…
    Result:
    Application dismissed ; No order for costs
  • A v B and C & Anor

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Identity of employer - Applicant named first respondents personally as employer in Statement of Problem - First respondents claimed applicant employed by second respondent company -…
    Result:
    Application dismissed ; Costs reserved