• McKinley v Karen Anne and Kenneth Rae McLanachan Partnership

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether settlement agreement prevented Authority hearing matter – Applicant claimed settlement agreement did not prevent him seeking outstanding holiday pay – Respondents sought strikeout of application –…
    Result:
    Application dismissed ; Costs reserved
  • NZ Meat Workers and Related Trades Union Incorporated v Silver Fern Farms Ltd

    P van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE - Parties disputed whether restructure was genuine and carried out in fair manner - Whether restructuring process used to change work conditions - PENALTY - GOOD FAITH - Applicant…
    Result:
    Applications dismissed (injunction)(penalty) ; Question answered in favour of applicant ; Costs reserved
  • Voo v ACG Yoobee School of Design Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claims and unsuccessful breach of good faith claim – One day investigation meeting – Respondent sought $3,500 contribution towards costs – Case relatively straightforward…
    Result:
    Costs in favour of the respondent ($3,500)
  • Tres Marias Trading Ltd v Maximo and Anor

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful breach of contract and breach of good faith claims – Three and a half days investigation meeting – Respondents sought contribution towards costs – Uplift in daily…
    Result:
    Costs in favour of the Respondents ($9,000)(first respondent)($9,000)(second respondent) ; Disbursements in favour of Respondents ($362.56)(first respondent) ($351.06) (second respondent)
  • Robertson v Quan

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Whether to dismiss application due to applicant’s failure to attend investigation meeting - COSTS - Respondent sought contribution towards costs
    Result:
    Application dismissed ; Costs in favour of respondent ($500)
  • Online Contractors Ltd v Wetere

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful recovery of monies and arrears claims - One day investigation meeting - Applicant sought contribution to costs - Appropriate to apply uplift in notional daily tariff…
    Result:
    Costs in favour of applicant ($6,500)
  • Miller v The Free Range Egg & Poultry Co. Ltd and The Free Range Egg & Poultry Co. Ltd v Miller

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance and successful counterclaim - One day investigation meeting - Applicant sought contribution to costs - Appropriate to apply notional daily tariff - Respondent to pay…
    Result:
    Costs in favour of applicant ($3,500)
  • Yu v Urban D�cor Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES - Applicant sought arrears of wages - RECOVERY OF MONIES - Applicant sought recovery of transport and hardship monies
    Result:
    Application granted (arrears of wages) ; Arrears of wages ($417.85) ; Application dismissed (recovery of monies) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • A v Raelene and Dean Rees Partnership t/a Rees Accounting

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – PENALTY – Applicant sought penalty for breach of ROS
    Result:
    Applications granted ; Orders made ; Penalty ($1,500)(payable to applicant) ($1,500)(payable to Crown) ; Costs reserved
  • Performance Cleaners All Property Services Wellington Ltd v Chinan

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    BREACH OF CONTRACT - Applicant sought damages for loss as result of various breaches of employment agreement and duties of good faith and fidelity
    Result:
    Application dismissed ; Costs reserved