• Smith & Anor v Aspect Group (2015) Ltd

    Vicki Campbell [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicants employees or independent contractors – Plasterers
    Result:
    Application dismissed ; Costs reserved
  • Neu v The Vice Chancellor of Victoria University of Wellington

    Michele Ryan [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether employer consented to late raising of grievance – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent taking expired warning into account when issuing final…
    Result:
    Applications granted ; Compensation for humiliation etc ($2,000) ; Costs reserved
  • Labour Inspector v Marx & Anor

    Mike Loftus [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – PENALTY – Applicant sought penalties for failure to provide written employment agreements (“EAs”), …
    Result:
    Application granted (penalty) ; Penalty ($23,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Supercity Rental Management Ltd v Tse

    N Craig [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful penalty claim and counterclaim - Parties sought contribution to costs - Both parties had measure of success - Costs to lie where they fall
    Result:
    Costs to lie where they fall
  • Lenaghan v Hydrovac Ltd

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Partially successful personal grievance claim - One day investigation meeting - Parties sought contributions to costs - Appropriate to reverse costs due to rejected Calderbank offer - Appropriate…
    Result:
    Costs in favour of respondent ($3,500)
  • Ratu v AFFCO New Zealand Ltd

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on ground important questions of law likely to arise
    Result:
    Application dismissed ; Costs reserved
  • Seay v Wirtgen New Zealand Ltd

    Trish MacKinnon [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
  • Powell v Tricklebank Plumbing 2010 Ltd

    Mike Loftus [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – PENALTY – Applicant sought penalty for breach of ROS – COSTS – Applicant sought indemnity costs - No…
    Result:
    Applications granted ; Orders made ; Penalty ($2,500)(payable to Crown) ; Costs in favour of applicant ($1,282.51)
  • Horizon Services Ltd t/a Electriserv (Formerly t/a Stewart Browne Electrical) v Murfitt

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant sought damages for respondent’s breach of employment agreement (“EA”) – PENALTY - Applicant sought penalties for respondent’s breach of EA – Operations Manager
    Result:
    Applications dismissed ; Costs reserved
  • Rogerson v Ministry of Business, Innovation and Employment

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    PARENTAL LEAVE – Applicant sought review of respondent’s decision applicant not eligible for paid parental leave (“PPL”) – Private adoption
    Result:
    Application granted ; Orders made ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs