• Crush v Southern District Health Board

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievances raised within 90 days - UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by preliminary investigation into colleague’s (“X”) conduct –– Nurse
    Result:
    Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($6,000) ; Application dismissed (raising personal grievance) ; Costs reserved
  • Simon Beirne Ltd v Selinger

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION - Applicant sought interim injunction requiring applicant to comply with restraint of trade clause and post-employment confidentiality, and to return company property - Salesperson
    Result:
    Application partially granted ; Orders made ; Costs reserved
  • Perfect v Megazone Silverdale Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on settlement before investigation meeting – Terms of settlement to be orders of Authority – Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Williams v Tong Kheng t/a Mixed Business

    M Loftus [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – COSTS –…
    Result:
    Applications granted ; Reimbursement of lost wages ($660) ; Compensation for humiliation etc ($2,500) ; Arrears of wages and holiday pay ($73.92) ; Costs in favour of applicant ($2,250) ; Disbursements in favour of applicant ($191.56)(filing fee and service fee)
  • Gilbert v Etu Inc. (formerly called NZ Amalgamated Engineering Printing & Manufacturing Union Inc.)

    P van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant able to raise personal grievance against respondent – BREACH OF CONTRACT– Applicant claimed respondent breached contractual duty to act in good faith
    Result:
    Applications dismissed ; Costs reserved
  • XZZ and TSL v RNH and Anor

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Applicants sought removal of matter to Employment Court (“EC”) on ground that EC already has proceedings before it between parties which involved same or similar issues
    Result:
    Application granted ; Costs reserved
  • Butterfield v Alliance Group Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by failure to re-engage him – Applicant claimed unjustifiably dismissed by respondent
    Result:
    Application granted (unjustified disadvantage) ; Reimbursement of lost wages (quantum to be determined) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Ferreira v Tooley Holdings Ltd

    P van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Respondent sought arrears of wages and holiday pay - Whether respondent unlawfully deducted applicant’s wages - COUNTERCLAIM - BREACH OF CONTRACT - Respondent…
    Result:
    Application granted (Arrears of wages and holiday pay) ; Arrears of wages ($25) ; Arrears of holiday pay ($436.77) ; Interest (5%) ; Application dismissed (Counterclaim - breach of contact) ; No order for costs
  • Labour Inspector v Cheap Deals on Wheels Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether worker employee or independent contractor - PENALTY - Applicant sought penalty for respondent’s various breaches of Employment Relations Act 2000, Holidays Act 2003 and Minimum Wage Act…
    Result:
    Penalty ($10,000)(crown) ($5,000)(applicant) ; Costs reserved
  • Labour Inspector v Direct Auto Importers (NZ) Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether Mr A employee or independent contractor - PENALTY - Applicant sought penalty for respondent’s various breaches of Employment Relations Act 2000, Holidays Act 2003 and Minimum Wage…
    Result:
    Applications granted ; Arrears of holiday pay ($64)(Mr W) ($662)(Mr A) ; Penalty ($45,000)(crown) ($5,000)(applicant) ; Costs reserved