• Labour Inspector v Gstech Ltd and Anor

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – PENALTY – Applicant sought penalty for respondent's breach of the Wages Protection Act 1983…
    Result:
    Application granted (arrears of wages and holiday pay) ; Arrears of wages ($855) ; Arrears of holiday pay ($68.40) ; Application dismissed (penalty) ; Costs reserved
  • Vandy and Ors v Tristram Marine Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful wage arrears claim – Respondent sought client costs against each applicant – Respondent sought $9,351 contribution towards costs – Not a suitable case to award client costs…
    Result:
    Application dismissed
  • Performance Cleaners All Property Services Wellington Ltd v Chinan

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful breach of contract claim – Three and a half day investigation meeting – Respondent sought $50,124 indemnity costs, alternatively, an uplift to daily tariff – Applicant’s conduct…
    Result:
    Costs in favour of applicant ($32,775) ; Disbursements in favour of applicant ($2,276.04)
  • Labour Inspector v Bevan

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER – Parties reached an agreement on terms as raised in the Statement of Problem – Terms of settlement to be orders of Authority
    Result:
    Consent order granted ; Orders accordingly ; Costs lie where they fall
  • First Union Inc v Kaikorai Service Centre Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought Authority to fix provisions of bargained collective agreement under s50J of Employment Relations Act 2000 (“ERA”) – BARGAINING – GOOD FAITH – Applicant claimed…
    Result:
    Application dismissed ; Costs reserved
  • Sedlmeier v Engineering RGV 2016 Ltd formerly named Engex Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by respondent removing applicants work tools and sending a letter withdrawing…
    Result:
    Application granted (unjustified dismissal) ; Compensation for humiliation etc ($20,000) ; Application dismissed (unjustified disadvantage) ; Costs reserved
  • Barbara Buckett & Associates t/a Buckett Law v Farani

    T Tetitaha [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether Authority ought to determine an issue which is primarily criminal –Office Manager
    Result:
    Application dismissed ; No order for costs
  • Wendco (NZ) Ltd v Labour Inspector

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Applicant objected to Labour Inspector’s Improvement Notice requiring employees to be paid for alternative holidays taking into account all factors in s12(3) of Holidays Act 2003 (“HA”) –…
    Result:
    Questions answered ; Costs reserved
  • Gillette v Roofpower Installations Ltd (preciously named Sunpower Ltd) and Anor

    A Dallas [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Applicant sought leave to recover wages and other monies from respondent – RECOVERY OF MONIES – Applicant sought recovery of wages and holiday pay
    Result:
    Applications granted ; Recovery of monies ($20,670.19) ; Costs reserved
  • Opai v The Commissioner of Police

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – PRACTICE AND PROCEDURE – Whether proceedings commenced within 3 years of raising grievance – JURISDICTION – Whether Authority…
    Result:
    Questions answered in favour of applicant ; Costs reserved