• Naidoo v Nand

    T Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Carpenter
    Result:
    Application dismissed ; Costs lie where they fall
  • Sharma v NZ Natural Pure Ltd

    T Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent –Truck Driver
    Result:
    Application dismissed ; No order for costs
  • Rathod & Anor v Fat Prophets Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Respondent sought non-publication order in respect of confidential information associated with respondent’s company
    Result:
    Orders made ; No order for costs
  • Hiep v Icon Concepts 2012 Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages, holiday pay and bereavement leave – Brown Goods Technician
    Result:
    Applications granted ; Arrears of wages ($3,680) ; Arrears of holiday pay ($3,865) ; Arrears of bereavement leave ($366) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Cost to lie where they fall
  • Roberts v The Matua Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for joinder – Applicant sought to have respondent’s sole director and operations manager joined to proceedings as first and second respondents – Bar Tender Duty…
    Result:
    Application granted ; Costs reserved
  • Borisov v MSGS Holdings Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – PENALTY – Applicant sought penalty for…
    Result:
    Applications granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($5,142.38) ; Compensation for humiliation etc ($6,400) ; Arrears of holiday pay ($252) ; Penalty ($1,000)(payable to Crown) ; Costs reserved
  • JKL v OPQ Ltd

    M Loftus [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION - Applicant sought injunction requiring respondent to disclose third party report before continuing disciplinary investigation and injunction restraining respondent from carrying out disciplinary investigation until serious fraud office (“SFO”)…
    Result:
    Application partially granted ; Orders made ; Costs reserved
  • Briscoe v Oceania Dairy Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance claim – Two days investigation meeting – Respondent sought uplift in daily tariff – Respondent made two Calderbank offers – Authority found appropriate to increase…
    Result:
    Costs in favour of respondent ($9,000)
  • Labour Inspector v Dai's Food Ltd

    P van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether Ms Dai was an employee – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – RECOVERY OF MONIES – Applicant sought recovery of wages…
    Result:
    Applications granted (penalty)(recovery of monies) ; Penalty ($14,400)(payable to Crown) ; Recovery of monies ($653.81) ; Application dismissed (arrears of holiday pay) ; Costs reserved
  • Balasooriya v New Zealand Tertiary College Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Intermediate Applications Developer
    Result:
    Application granted ; Compensation for humiliation etc ($7,000) ; Costs reserved