• Ransley and Anor v Circuit Solutions Ltd

    M Loftus [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether applicants employees or independent contractors
    Result:
    Application granted (first applicant) ; Application dismissed (second applicant) ; Costs reserved
  • Kiss v Yeoman Industries Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance claim - Half day investigation meeting - Applicant sought contribution to costs - Appropriate to apply uplift in notional daily tariff to reflect respondent's failure…
    Result:
    Costs in favour of applicant ($3,000) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • O'Connor v Southland District Council

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE - Parties disputed interpretation and application of gratuity clause in individual employment agreement (“EA”) - Applicant sought payment of gratuity upon leaving employment - Respondent claimed entitlement in…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Sherborne v Nutech Security Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Applicant sought leave to appear by telephone or audio visual link - Whether to dismiss application without investigation meeting
    Result:
    Application dismissed ; Costs reserved
  • Hayashi v Skycity Management Ltd

    A Dallas [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Operations Manager
    Result:
    Application dismissed ; Costs reserved
  • Sinclair v Access Solutions Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay
    Result:
    Application granted ; Arrears of holiday pay (quantum to be determined) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Labour Inspector v Auckland Drainage Plumbing Services Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY– Applicant sought arrears of wages and holiday pay – PENALTY – Applicant sought penalties for respondent’s breaches of Minimum Wage Act 1983 (MWA)…
    Result:
    Applications granted (arrears of wages and holiday pay)(penalty) ; Arrears of wages and holiday pay ($7,872.10) ; Penalty ($17,280) ; Application dismissed (jurisdiction) ; Costs reserved
  • Bangs v Sue Johnstone t/a Grant Johnstone Nissan Suzuki

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on costs - Respondent to pay applicant $6,250 contribution towards costs and $71. 56 disbursements
    Result:
    Orders made ; No order for costs
  • Johnston v The Fletcher Construction Company Ltd

    V Campbell [Employment Relations Authority - Auckland]

  • Smith v The Trustees of the Wanganui Pool Trust

    M Loftus [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTFIED DISMISSAL - UNJUSTIFIED DISADVANATGE - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant claimed unjustifiably disadvantaged by respondent’s failure to take action in respect of sexual harassment…
    Result:
    Application granted ; Reimbursement of lost wages ($6,200) ; Compensation for humiliation etc ($5,000) ; Costs reserved