• Boost v Carbine Milk Ltd

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Alleged failure to pay final wages or holiday pay – Counterclaim by respondent for pay in lieu of notice - Dispute over amount…
    Result:
    Application dismissed (Applicant) ; Counterclaim granted (Respondent) ; Other monies in favour of respondent ($540)(Four days wages in lieu of notice) ; No order for costs
  • Wilson v Department of Child Youth and Family Services

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant involved in breaking up altercation between two young people at youth residence – Suffered bruising to arms and back – Supervisor spent time with applicant immediately…
    Result:
    Application dismissed ; Costs to lie where they fall
  • Ray v Mahoe Developments NZ Ltd

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Whether dismissed or resigned - Applicant upset by director’s brusque style of communication – Raised concerns by letter after incident concerning safety procedures – Perceived director’s response…
    Result:
    Application granted ; Reimbursement of lost wages ($2,520 reduced to $1,764)(12 weeks) ; Compensation for humiliation etc ($2,500 reduced to $1,750) ; Costs reserved
  • Kern v Hightech Solutions Ltd and Anor

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT - No appearance by respondents - Applicant made redundant and given two weeks pay in lieu of notice - Employment agreement expressly required three weeks notice for…
    Result:
    Application granted ; One week's pay in lieu of notice ($727.50) ; Interest (8%) ; Holiday pay ($43.65) ; No order for costs ; Disbursements in favour of applicant ($70)(filing fee)
  • Sen v Wishart and Anor

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employed by respondents – Arrangement for applicant to manage store set up and financed by respondents – Applicant not able to enter employment due to non-resident…
    Result:
    Application dismissed ; Costs reserved
  • Metcalf (Labour Inspector) v Marsters t/a C & M Marsters

    J Scott [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY - Application by applicant Labour Inspector for arrears of holiday pay in respect of respondent's former employees NT and JK - Claim formulated in reliance on…
    Result:
    Application granted ; Arrears of holiday pay ($1,214.26)(NT) ; ($668.88)(JK) ; Interest (7.5%) ; No order for costs ; Disbursements in favour of applicant ($140)(filing fees)
  • Levy and Ors v Phoenix Flight Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Director of respondent initially named as respondent personally - Alleged director signed personal guarantee of wage payment – Guarantee was secondary contract – Connection between enforceability of guarantee…
    Result:
    Question of jurisdiction answered in favour of director ; Applications granted (ML, JP, KL, ME) ; Application adjourned (JR) ; Arrears of wages as gross amounts ($2,362.50)(ML) ; ($2,553.75)(JP) ; ($2,503.25)(KL) ; ($1,590.53)(ME) ; Arrears of holiday pay as gross amounts ($141.75)(ML) ; ($153.23)(JP) ; ($150.20)(KL) ; ($157.50)(ME) ; Interest at 9% (Quantum to be calculated)(ML, JP, KL, ME) ; Disbursements ($56)(Four fifths share in filing fee divided equally between ML, JP, KL, ME)
  • Singh v MFG Holdings Ltd t/a Blackies Bar & Restaurant and Anor

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Application for compliance with mediated settlement - Parties' mediated settlement provided that respondent would pay applicant $3,450 within 14 days and $1,000 as contribution to legal costs…
    Result:
    Application granted ; Compliance ordered ; Interest (8.5%) ; Penalty ($500)(against respondent in favour of Crown) ; Penalty ($500)(against respondent's director in favour of Crown)
  • Lyons v Fox

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER - Parties reached settlement during telephone conference with Authority - By consent Authority ordered one week's wages to be paid to applicant
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • McQueen (Labour Inspector ) and Anor v Horlicks No.2 Ltd and Ors

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application by Labour Inspector for authorisation to bring action for recovery of holiday pay against director of first respondent - Employment Relations Act 2000 s234 -…
    Result:
    Application dismissed ; Costs reserved