• Panel Holdings Ltd v Paki

    D King [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – No appearance by respondent – Medial certificate treated as de facto application for adjournment by Authority but further information not provided – Attempt to frustrate process…
    Result:
    Application granted ; Damages ($32,813.68) ; Penalty ($15,000) ($7,500 payable to Crown, $7,500 payable to applicant) ; Counterclaim dismissed ; Costs reserved
  • Bradshaw v James Pascoe Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Applicant claimed entitled to receive proportion of manager’s bonus at end of employment for period of financial year she work – Applicant had previously received proportion of bonus…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Denyer (Labour Inspector) v Vitality Juice Bar Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant Labour Inspector sought to recover outstanding wages and holiday pay on behalf of two former employees - No appearance by respondent -…
    Result:
    Application granted ; Arrears of wages ($635.50)(HP) ; ($686.75)(SJ) ; Arrears of holiday pay ($138)(HP) ; ($120)(SJ) ; Penalty ($2,000)(Payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee)
  • Roberts v Commissioner of New Zealand Police

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Respondent sought to strike out proceedings – Applicant claimed unjustifiably dismissed and disadvantaged in substantive proceedings – Authority heard matter separately from substantive at request of…
    Result:
    Orders accordingly ; Costs reserved
  • Heremaia v Sheddan Investments Ltd t/a Tokaanu Hotel

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Respondent unrepresented at investigation meeting and filed no statement of reply – Authority arranged conference call – Only in extraordinary circumstances would Authority not grant…
    Result:
    Application granted ; Reimbursement of lost wages ($840)(2 weeks notice) ; ($2,495.59)(3 months wage difference) ; Compensation for humiliation etc ($5,000) ; Costs reserved
  • Cook Executive Recruitment (2005) Ltd v Lewis

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought order respondent comply with obligation to repay money as set out in earlier consent order - Parties had agreed respondent would make part payment and…
    Result:
    Compliance ordered ; No order for costs
  • Le Gros v PPCS Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant employed as spare man, covering absent co-workers in variety of positions – Respondent offered transfer to permanent packer role – Required applicant undergo drug test as…
    Result:
    Application granted ; Compensation for humiliation etc ($6,000) ; Costs reserved
  • Matich v Fairfax New Zealand Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Applicant claimed unjustifiably dismissed - Applicant previously had contract for services with former owners of publication - When respondent took over publication…
    Result:
    Application dismissed ; Costs reserved
  • Tobin & Anor v Stayinfront Inc. & Ors

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application for removal to Employment Court - Authority previously concluded claims covered by final and binding settlements - Employment Court, and Court of Appeal, restricted challenge…
    Result:
    Application dismissed ; Costs reserved
  • Butler v Air New Zealand Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed respondent wrongly applied staff travel policy and failed to conduct fair investigation into disciplinary allegations – Claimed decision to dismiss harsh given…
    Result:
    Application dismissed ; Costs reserved