• Ale v Kids At Home Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Application for joinder – COUNTERCLAIM – PRACTICE AND PROCEDURE – Respondent sought to strike out applicant’s claim
    Result:
    Applications dismissed
  • Ferguson v Placement Painters Ltd

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Dismissal of claim – COUNTERCLAIM – BREACH OF CONTRACT - Respondent claimed applicant had unlawfully retained vehicle without payment - No appearance for applicant
    Result:
    Applications dismissed ; Costs reserved
  • Stace v Aurora Law Ltd

    Robin Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – COUNTERCLAIM – BREACH OF CONTRACT – Respondent claimed applicant breached terms of employment agreement (“EA”) – Theft…
    Result:
    Application granted (unjustified dismissal) ; Reimbursement of lost wages ($60,576) ; Compensation for humiliation etc ($7,000) ; Applications dismissed (counterclaim breach of contract)(counterclaim penalty) ; Costs reserved
  • Labour Inspector v Alpine Motor Inn & Caf� (2008) Ltd

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or volunteer – PRACTICE AND PROCEDURE – Admissibility of evidence – Whether hidden audio recording admissible – ARREARS OF WAGES AND HOLIDAY PAY – Applicant…
    Result:
    Applications granted ; Arrears of wages ($6,292.80) ; Arrears of holiday pay ($503.42) ; Penalty ($7,500)(respondent)(payable to Crown)($5,000)(respondent)(payable to applicant) ; Costs reserved
  • Watson v Poolcare Ltd

    Nicola Craig [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages – Unlawful deductions – Pool care technician
    Result:
    Application granted ; Arrears of wages ($590) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Wu v Dauber Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Painter
    Result:
    Application dismissed ; Costs reserved
  • Fleming v Magma Rock Ltd

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – PENALTY – Applicant sought penalty for breach of ROS
    Result:
    Applications granted ; Interest (5%) ; Penalty ($1,500)(payable to applicant) ; Orders made ; Costs reserved
  • Bazley and Ors v Country Hospitality Management (NZ) Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – 90 day trial – Receptionist
    Result:
    Application granted ; Reimbursement of lost wages ($3,971.06) ; Compensation for humiliation etc ($6,000) ; Costs reserved
  • Dansar Projects Ltd v Ng-Shiu

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought joinder of applicant’s representative for purposes of costs – COSTS – Withdrawn claims - Respondent sought indemnity costs of $6,532
    Result:
    Application dismissed ; Costs in favour of respondent ($500)
  • Frater v Truck Stops (NZ) Ltd

    Peter van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Service manager
    Result:
    Application dismissed ; Costs reserved