• Mr I v Mr C

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance – One day investigation meeting – Applicant sought total costs of $8,560 – Respondent submitted any award of costs ought to be minimal and substantially…
    Result:
    Costs in favour of applicant ($3,000)
  • Hollands v Jam Marketing Pty Ltd

    D King [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether employee or independent contractor - No appearance for respondent - Respondent claimed applicant asked to be contractor - No employment agreement - Sole document produced had Contractor"…
    Result:
    Application granted ; Costs reserved
  • Mike Henry Insurance Brokers Ltd v Wiles & Anor

    L Robinson [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
  • Goode v Turnstone Technologies Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Direction to mediation withdrawn as apparent would not be constructive - Respondent granted leave to respond - Applicant began as employee -…
    Result:
    Application dismissed ; Costs reserved
  • Wood v Cardinal Freight Distribution Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE - UNJUSTIFIED DISMISSAL - Redundancy - Applicant told respondent no longer needed his position - When applicant declined alternative position advised redundant effective immediately, although received payment…
    Result:
    Application granted ; Reimbursement of lost wages ($26,442.30)(6 months) ; Compensation for humiliation etc ($14,000) ; Costs reserved
  • McLeod v Interspace Airport Advertising New Zealand Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - After altercation, applicant shooed" out of meeting by co-worker - Applicant took this as evidence of being "sent away" and claimed dismissed - Respondent…
    Result:
    Application dismissed ; Costs reserved
  • Kilgour v Spinnaker Investments No1 Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES - Investigation conducted by way of separate interviews with parties - Parties agreed additional payment would be made to applicant as management fee while owner overseas -…
    Result:
    Application dismissed ; Costs to lie where they fall
  • Elwin v Barfoot & Thompson Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Parties' written contract expressed as contractor arrangement under Real Estate Agents Act 1976 (REAA") - Contract referred to applicant as branch manager…
    Result:
    Application dismissed ; Costs reserved
  • Baugen v Gavin & Susan Ure t/a Affordable Plumbing & Gas Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Applicant completing adult apprenticeship - Required to work under supervision or in employment of registered drainlayer - Respondents agreed to take on…
    Result:
    Application dismissed ; Costs reserved
  • Steed-Conway v Community Living Trust

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent alleged irregularities in claim made by applicant for payment for caregiver - Also claimed failed to follow correct process when employed caregiver -…
    Result:
    Application dismissed ; Costs reserved