• Findlay v Ports of Auckland Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Respondent sought to stay investigation meeting until Employment Court decided challenge to earlier determination
    Result:
    Application dismissed ; Costs reserved
  • Deng v Henry Feng Lawyers Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Determination of preliminary issue – Respondent sought to have applicant’s claims dismissed as frivolous or vexatious – Law Clerk
    Result:
    Application dismissed ; Costs reserved
  • Christian and Anor v Platinum Chauffeur Drive 2012 Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicants employees – Prospective purchasers of company- Drivers
    Result:
    Application dismissed ; Costs reserved
  • Association of Professionals and Executive Employees Inc. v Waikato District Health Board

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Withdrawn claim – No investigation meeting – Respondent sought $3,500 contribution towards costs – Authority found contribution towards costs at much reduced level than daily tariff appropriate…
    Result:
    Costs in favour of respondent ($500)
  • Hong v Auckland Transport

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION - Applicant sought interim reinstatement - Parking Officer
    Result:
    Application dismissed ; Costs reserved
  • McSherry v Kumara Hotel Ltd t/a Theatre Royal Hotel Kumara

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether valid 90 day trial period - UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably disadvantaged by respondent’s actions - Applicant claimed unjustifiably dismissed by…
    Result:
    Applications granted ; Contributory conduct (15%) ; Reimbursed of lost wages ($10,206.42) ; Compensation for loss of accommodation ($1,785) ; Compensation for humiliation etc ($11,900) ; Costs reserved
  • HP New Zealand Ltd v Keogan

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    RESTRAINT OF TRADE – Parties sought determination whether non-compete restraint in respondent’s employment agreement should be reduced from 12 to 6 months – INJUNCTION – Applicant sought injunction preventing respondent…
    Result:
    Applications granted ; Term reduced from 12 to 3 months ; Costs reserved
  • Toaisi v Free Range Egg and Poultry Company Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant was dismissed or resigned - Applicant believed dismissed when told to “go home” by manager in…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (50%) ; Reimbursement of lost wages ($7,816.43) ; Compensation for humiliation etc ($3,500) ; Application dismissed (counterclaim - practice and procedure) ; Costs reserved
  • Silver Fern Farms Ltd v Norton

    P van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – PENALTY – Applicant sought penalty for breach of ROS – COSTS – Applicant sought contribution to costs –…
    Result:
    Applications granted ; Orders made ; Penalty ($1,500)(payable to applicant)($500)(payable to Crown) ; Costs in favour of applicant ($1,800) ; Disbursements in favour of applicant ($71.56)(filing fee
  • FMV v TZB

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Whether to order non-publication of parties’ names on Authority’s own motion - Whether applicant had capacity to proceed with claim - JURISDICTION - Whether applicant already…
    Result:
    Applications granted ; Proceedings stayed ; Costs reserved