• Morris v P & W Painters Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Brush Hand
    Result:
    REMEDIES: 20 per cent contributory conduct. $6,000 compensation appropriate
  • Vij v Nelson-Marlborough Institute of Technology

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    BREACH OF CONTRACT – Applicant claimed respondent breached terms of Record of Settlement (“ROS”) and failed to act in good faith following termination of employment – International Marketing Manager
    Result:
    Application dismissed ; Costs reserved
  • Labour Inspector v 2 Cheap Cars Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PENALTY – Applicant sought penalties for respondent’s breaches of ERA, Holidays Act 2003 and Minimum Wage Act 1983 – COSTS – Applicant sought contribution towards costs
    Result:
    Applications granted ; Penalty ($70,000)(payable to Crown) ; Costs in favour of applicant ($350) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • X and Anor v Z

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Respondent breached Record of Settlement (“ROS”) – Less than one day investigation meeting – Applicant sought indemnity costs or significant increase in notional daily tariff – Authority…
    Result:
    Costs in favour of applicants ($3,600) ; Disbursements ($71.56)(filing fee)
  • Pennal v Leroy and Ors

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – UNJUSTIFIED DISMISSAL – Summary Dismissal – Applicant claimed unjustifiably dismissed by respondent – COSTS – Applicant sought contribution to costs
    Result:
    Applications granted ; Reimbursement of lost wages ($6,391) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Brennan v AFOS Ltd and Ors

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of remedies – Parties sought outstanding amounts from substantive determination to be fixed
    Result:
    Application granted (fixture of outstanding amounts owed) ; Outstanding amounts owed ($110,832.96) ; Interest (5%) ; No order for costs
  • Pollard v Fuji Xerox New Zealand Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Applicant sought interim reinstatement – PRACTICE AND PROCEDURE – Applicant and respondent sought non-publication orders – Managing Director
    Result:
    Applications dismissed ; Costs reserved
  • Kocaturk and Anor v Zara's Turkish Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether applicants had to raise personal grievance to claim unpaid wages - ARREARS OF WAGES AND HOLIDAY PAY - Applicants sought arrears of wages and holiday pay -…
    Result:
    Applications granted (practice and procedure) (arrears of wages and holiday pay) ; Arrears of wages ($16,194.36)(first applicant) ($35,882.47)(second applicant) ; Arrears of holiday pay ($4,766.76)(first applicant) ($5,652.60)(second applicant) ; Application granted (unjustified dismissal - second applicant) ; Reimbursement of lost wages ($13,338) ; Compensation for humiliation etc ($7,000) ; Application dismissed (unjustified dismissal - first applicant) (counterclaim - recovery of monies) ; Disbursements in favour of applicants ($71.56)(filing fee) ; No order for costs
  • Vailua v Hubbard Foods Ltd

    J Trotman [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by respondent’s failure to provide safe workplace – PENALTY – Applicant…
    Result:
    Application granted ; Reimbursement of lost wages ($11,076) ; Compensation for humiliation etc ($25,000) ; Costs reserved
  • Kutty v Old Fashioned Smallgoods (NZ) Ltd and Anor

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with previous Authority determination
    Result:
    Application granted ; Compliance ordered ; Costs reserved