• Ali v Abhisek Quality Foods Ltd t/a Bombay Palace Indian Restaurant Wanaka and Ors

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Joinder of parties – Applicant sought joinder of second and third respondent – COMPLIANCE ORDER – Applicant sought compliance with Authority determination - Chef
    Result:
    Applications dismissed ; Costs reserved
  • Robinson v Gillon and Maher Plumbing Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance claim and unsuccessful breach of contract claim, penalty claim and counterclaims - One day investigation meeting - Parties sought contribution to costs - Appropriate for…
    Result:
    Costs in favour of respondent ($3,500)
  • Labour Inspector v A & J Zaknic & Sons Ltd

    Robin Arthur [Employment Relations Authority - Auckland]

    Summary:
    PENALTY – Applicant sought penalties for respondent’s failure to provide written employment agreements and keep holiday and leave records
    Result:
    Application granted ; Penalty ($6,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Thomson v Arrow Line Marking Ltd

    T Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of remedies - Applicant sought variation of order for payment
    Result:
    Arrears of wages ($1,221.11) ; Application dismissed (practice and procedure) ; Costs to lie where they fall
  • Rossiter v AFFCO New Zealand Ltd

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Respondent sought stay of proceedings
    Result:
    Application granted ; Costs reserved
  • Dawsons Catering Ltd v Hawke

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION - Applicant sought injunction preventing respondent from breaching restraint of trade and confidentiality clause - Caf� manager
  • Nath v Advance International Cleaning Systems NZ Ltd

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably disadvantaged by failure to deliver share scheme, failure to provide tax free benefit and change of mind about whether…
    Result:
    Applications dismissed ; Costs reserved
  • Nagel v Nelson Underground Services Ltd

    Michele Ryan [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful personal grievance claim - One and a half days investigation meeting - Applicant sought $7,750 contribution to costs - Not appropriate to award mediation costs - Appropriate…
    Result:
    Costs in favour of applicant ($4,750)
  • Stevenson v The Cutting Krew Ltd

    T Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor - UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – ARREARS OF HOLIDAY PAY – Applicant sought arrears of…
    Result:
    Application granted (arrears of holiday pay) ; Arrears of holiday pay ($14,472.93) ; Arrears of KiwiSaver contributions ($5,915.80) ; Applications dismissed (unjustified dismissal)(penalty) ; Costs in favour of applicant ($2,250)
  • Labour Inspector v Lotus Body Clinic Ltd

    N Craig [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Improvement Notice – PENALTY – Applicant sought penalty for failure to comply with Improvement Notice– COSTS – Applicant sought contribution to costs –…
    Result:
    Applications granted ; Orders made ; Penalty ($7,000)(payable to Crown) ; Costs in favour of applicant ($800) ; Disbursements in favour of applicant ($71.56)(filing fee)