• Thirty30 Ltd v Latu

    T Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    RECOVERY OF MONIES – Applicant sought recovery of monies for course fees, replacement of work uniform and payment of bar tab
    Result:
    Application partially granted ; Recovery of monies ($179.70) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Bosman v Total Access Ltd

    A Dallas [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s actions- Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES AND HOLIDAY PAY –…
    Result:
    Applications partially granted (arrears of wages and holiday pay)(penalty – good faith) ; Arrears of wages ($550) ; Penalty ($4,000)(payable to applicant) ; Applications dismissed (unjustified disadvantage)(unjustified dismissal)(counterclaim – breach of contract)(counterclaim – penalty) ; Costs reserved
  • The New Zealand Public Service Association v Ministry of Social Development

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    BARGAINING – Application for reference to facilitation
    Result:
    Application granted ; No order for costs
  • Labour Inspector v Neelam Ahuja, Chirag Ahuja and Rhythm Ahuja (Re Khoobsurat Ltd) (in Liquidation) and Ors

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PENALTY – Authority sought to award penalty on own motion for obstructing or delaying Authority investigation AUTHORITY FOUND –
    Result:
    Application granted ; Penalty ($10,000)(payable to witnesses)($10,000)(payable to Crown)(first respondent) ($10,000)(payable to witnesses)($10,000)(payable to Crown)(second respondent) ($10,000)(payable to witnesses)($10,000)(payable to Crown)(third respondent)
  • Willis v Sommerville and Anor

    N Craig [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether employment relationship existed - PRACTICE AND PROCEDURE – Identity of employer – Farm manager
    Result:
    Applications granted ; Costs reserved
  • The New Zealand Meat Workers & Related Trades Union Inc v Land Meat New Zealand Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful compliance order and penalty claims - One day investigation meeting - Applicant sought contribution to costs - Appropriate to apply uplift in notional daily tariff to reflect…
    Result:
    Costs in favour of applicant ($5,500) ; Disbursements in favour of applicant ($71.56)(filing fee)($486.22)(travel, photocopying and binding)
  • Peters v Riverside Construction Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – Terms of settlement to be orders of Authority – Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Sawyer v The Vice-Chancellor of Victoria University of Wellington

    E Robinson [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether Record of Settlement (“ROS”) can be set aside
    Result:
    Application dismissed ; Costs reserved
  • Ewing v Waimea Weekly Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance claims - Two day investigation meeting - Applicant sought contribution to costs - Appropriate to uplift notional daily tariff to reflect extra preparation time that…
    Result:
    Costs in favour of respondent ($8,000) ; Disbursements in favour of applicant ($71.56)
  • Firman v Insyn Ltd t/a Synergy Hair Riccarton

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by suspension and warning for removing product – ARREARS OF HOLIDAY PAY – Applicant sought arrears of…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal)(arrears of holiday pay)(penalty – good faith) ; Contributory conduct (65%) ; Reimbursement of lost wages ($2,147.86) ; Compensation for loss of benefit ($200.20) ; Compensation for humiliation etc ($2,800) ; Arrears of holiday pay ($2,938.69) ; Interest (5%) ; Penalty ($1,500)(payable to applicant)($1,500)(payable to Crown) ; Application dismissed (counterclaim – recovery of monies) ; Costs reserved