• Calder v Home Direct Ltd

    N Craig [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought removal of the matter to Employment Court (“EC”) on grounds important question of law likely to arise and matter of such nature and urgency…
    Result:
    Application dismissed ; No order for costs
  • Labour Inspector v Pars Auto Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether complainant employee or independent contractor - PENALTY - Applicant sought penalty for respondent’s failure to keep wage and time records
    Result:
    Applications dismissed ; Costs reserved
  • Thomas v Aulack Enterprises Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages and holiday pay – RECOVERY OF MONIES – Applicant sought recovery of petrol and maintenance costs for use of own vehicle…
    Result:
    Applications granted ; Arrears of wages ($10,255) ; Arrears of holiday pay ($1,728) ; Recovery of monies ($4,500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Davies v Oneair Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - PENALTY - GOOD FAITH - Applicant sought penalty for respondent’s failure to provide written employment agreement and breach…
    Result:
    Reimbursement of lost wages ($12,745) ; Interest payable (5%) ; Compensation for humiliation etc ($8,000) ; Penalty ($1,000)(crown) ($2,000)(applicant) ; Costs reserved
  • Ecommbi Ltd v Dangi

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    PENALTY - Applicant sought penalty for respondent’s breach of good faith and breach of restraint of trade - COUNTERCLAIM - PENALTY - Respondent sought penalty for applicant’s breach of employment…
    Result:
    Application dismissed (penalty) ; Application granted (counterclaim - recover of monies)(counterclaim - penalty) ; Penalty in favour of respondent ($4,000)(payable to respondent) ; Recovery of monies in favour of applicant ($250) ; Costs reserved
  • Van der Lee v Bella Vita Day Spa Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Whether applicant permanent part time or casual employee - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages, KiwiSaver and holiday pay -…
    Result:
    Applications granted (penalty)(arrears of wages and holiday pay) ; Penalty ($2,500)(Crown)($2,500)(applicant) ; Arrears of wages ($4,469.36) ; Arrears of holiday pay ($867.53) ; Arrears of KiwiSaver (quantum to be determined) ; Application dismissed (unjustified disadvantage) ; Costs reserved
  • Piner v Blakely Mining Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – PENALTY – Applicant sought penalty for respondents breach of good faith – COSTS – Applicant sought contribution towards costs –…
    Result:
    Application granted (unjustified dismissal); Reimbursement of lost wages ($15,818.40) ; Compensation for humiliation etc ($10,000) ; Costs in favour of applicant ($3,500) ; Disbursements in favor of applicant ($71.56)(filing fee) ; Application dismissed (penalty)
  • Mahieu v Gilbert & Associates Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PENALTY - Applicant sought penalty for respondent’s breach of record of settlement (‘ROS’) - COSTS - Applicant sought contribution towards costs
    Result:
    Application granted ; Penalty ($1,000)(payable to applicant)($2,000)(payable to crown) ; Costs in favour of applicant ($4,197.50) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Waugh v Oglivy New Zealand Ltd

    V Campbell [Employment Relations Authority - Auckland]

  • Colarik v The Vice Chancellor of Massey University

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    BARGAINING - Applicant claimed subject to unfair bargaining - Whether genuine reason for two fixed term employment agreements - UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondent engaging in…
    Result:
    Application dismissed (bargaining) ; Application granted (unjustified disadvantage) ; Compensation ($5,000) ; Costs reserved