• Messick v The Vice Chancellor of the University of Waikato

    T Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Whether proceedings commenced within 3 years of raising grievance - RAISING PERSONAL GRIEVANCE - Whether unjustified disadvantage grievances raised within 90 days - Applicant sought leave…
    Result:
    Applications dismissed ; Costs reserved
  • van Tonder v Avalanche Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay - JURISDICTION - Whether Authority had jurisdiction to award damages sought for respondent’s failure to attend mediation - No…
    Result:
    Application granted (arrears of wages); Arrears of holiday pay ($1,263.04) ; Interest (5%) ; Application dismissed (jurisdiction) ; Disbursements in favour of applicant ($71.56) (filing fee) ; No order for costs
  • James v Sherson Willis Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor
    Result:
    Application granted ; Costs reserved
  • Hartono and Ors v Sajo Oyang Corporation

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Parties sought removal of matter to Employment Court (“EC”) on ground important questions of law likely to arise
    Result:
    Application granted ; No order for costs
  • Donaldson v Canterbury District Health Board

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE - Parties disputed interpretation of annual leave clause in collective employment agreement - Whether applicant entitled to 4 or 5 weeks annual leave - Meaning of ‘continuous service’ -…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Platt v MPA New Zealand Ltd

    T Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay
    Result:
    Application granted ; Arrears of wages and holiday pay (quantum to be determined) ; Interest payable (5%) ; Costs reserved
  • Woodcock v Agrissentials NZ Ltd

    T Tetitaha [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful personal grievance claim - One day investigation meeting - Applicant sought contribution to costs - Appropriate to apply uplift in notional daily tariff to reflect unreasonable rejection…
    Result:
    Costs in favour of applicant ($4,500)
  • Wanaka Sun (2003) Ltd v Woodrow

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PENALTY – Applicant sought penalty for respondent’s breach of settlement agreement (“SA”)
    Result:
    Application granted ; Penalty ($250)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Maaroufe v Advanced Pipeline Christchurch Ltd & Ors

    T MacKinnon [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Identity of employer
    Result:
    Application granted ; Costs reserved
  • Gillette v Sunpower Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or director of respondent – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – RECOVERY OF MONIES –…
    Result:
    Applications granted ; Arrears of wages ($27,243.96) ; Interest (5%) ; Arrears of holiday pay ($929.67) ; Recovery of monies ($740.06) ; Reimbursement of lost wages ($15,000) ; Compensation for humiliation etc ($7,000) ; Penalty ($10,000)(payable to Crown) ; Costs reserved