• Ford v New Zealand Dental Partners Ltd Partnership (in liquidation) t/a Clinico Denture and Hearing and Ors

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant sought damages against respondent for breaches of Employment Agreement (“EA”) – PENALTY – Applicant sought penalty for third respondents instigating and abetting first respondents…
    Result:
    Applications granted ; Penalty ($10,000)(Payable to applicant) ; Costs in favour of applicant ($4,000)
  • Gibbs v Artelier Dwell Ltd and Anor

    J Trotman [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first or second respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and…
    Result:
    Applications granted ; Arrears of wages ($1,730.76) ; Arrears of holiday pay ($1,800) ; Penalty ($1,500)(Payable to applicant)($1,500)(Payable to Crown) ; Disbursements in favor of applicant ($71.56)(filing fee)
  • Labour Inspector v Singh and anor

    A Dallas [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Second respondent sought contribution towards costs – No evidence presented of costs incurred after investigation meeting – Applicant to pay second respondent $1,000 contribution towards costs
    Result:
    Costs in favour of second respondent ($1,000)
  • L v W Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application to strike out proceedings – Wage arrears claims which were out of time claims unable to be commenced – Holiday pay arrears claims need clarification…
  • Noble v Ballooning Canterbury.Com Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Control test suggested applicant was not under control of respondent – Integration test was of little assistance – No established industry…
  • Ge v Y & S Holdings Ltd (in liquidation)

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance and wage arrears claims – Two day investigation meeting – Appropriate to uplift daily tariff because respondent caused applicant to incur further cost – Respondent…
  • Wikaira v North Sawn Lumber Ltd

    J Trotman [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – COUNTERCLAIM – COSTS – Respondent sought contribution towards costs – Timber Hand
    Result:
    Application dismissed ; Costs in favour of respondent ($2,250)
  • Li v Donglin Trading Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – No written employment agreement or record of hours worked – No evidence of what work was completed and whether that work was performed as part of…
  • Paenga v Board of Trustees, Te Kura Kaupapa Maori, O Puau Te Moananui-A-Kiwa

    N Craig [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance claim – Four day investigation meeting – Appropriate to uplift daily tariff because respondent’s conduct in case unnecessarily increased costs – Respondent to pay applicant…
  • Messick v The Vice Chancellor of The University of Waikato

    T Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance claim – Applicant sought $13,406 indemnity costs and $1,426 special damages for costs related to mediation – Costs in mediation not generally recoverable – No…
    Result:
    Costs in favor of applicant ($7,986.67)