• Davidson v Great Barrier Airlines Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PENALTY – Authority considered on own motion penalty for obstruction of Authority investigation by applicant’s advocate (“A”) - COSTS – Respondent sought $12,000 contribution to costs
    Result:
    Application granted ; Penalty ($2,000)(payable to applicant)($2,000)(payable to respondent) ; Costs in favour of respondent ($7,000)
  • Staunton v Transdev Auckland Ltd

    N Craig [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant claimed respondent breached relevant collective agreement (“CEA”) – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Failure to follow lawful…
    Result:
    Applications dismissed ; Costs reserved
  • McKinley v Karen Anne & Kenneth Rae McLanachan Partnership

    N Craig [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Respondent sought removal of confidential information from statement of problem and attached documents – Confidentiality of mediation
    Result:
    Application granted ; Costs to lie where they fall
  • Labour Inspector v Kundu

    M Loftus [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought to bring claim against respondent personally – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – No…
    Result:
    Applications granted ; Arrears of wages and holiday pay ($16,211.64) ; Interest (5%) ; Costs reserved
  • Bray v James Scott Construction Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    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 preparation of…
    Result:
    Costs in favour of applicant ($2,250) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Labour Inspector v Neelam Ahuja, Chirag Ahuja and Rhythm Ahuja (Re Khoobsurat Ltd) (in Liquidation) and Ors

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Whether applicant able to recover arrears from officers and directors of employer companies – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages…
    Result:
    Applications granted ; Arrears of wages and holiday pay ($68,782.77) ; Costs reserved
  • Sivula v Burridge & Anor

    P van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages – Deductions from wages
    Result:
    Application granted ; Arrears of wages ($242.27) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
    • 07 December 2016

    • [2016] NZERA Christchurch 216

  • Matete v Innovative Landscapes (2015) Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    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
  • Clifton v Korach

    P van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance - Applicant claimed unjustifiably dismissed by respondent – PENALTY – Applicant sought penalty for failure to provide written employment agreement - Cleaner
    Result:
    Applications granted ; Contributory conduct (10%) ; Reimbursement of lost wages ($1,024.55) ; Compensation for humiliation etc ($9,000) ; Penalty ($750)(payable to applicant)($750)(payable to Crown) ; Costs reserved
  • Labour Inspector v Binde Enterprises Ltd

    A Dallas [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – PENALTY – Applicant sought penalties for failure to pay minimum wage, failure to pay…
    Result:
    Applications granted ; Arrears of wages ($186,646.52) ; Arrears of holiday pay ($22,209.64) ; Penalty ($220,000)(payable to Crown) ; Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($71.56)(filing fee)($754.31)(administrative support)($283.59)(service costs)