• Labour Inspector v Md Dara Miah Horticulture Ltd

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    PENALTY – Applicant sought penalty for respondent’s failure to provide wage and time records – COSTS – Applicant sought contribution towards costs
    Result:
    Applications granted ; Penalty ($6,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee)($495.86)(travel costs)
  • Ngahooro v Southland YMCA Education Ltd

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by workplace bullying and harassment – Applicant claimed unjustifiably dismissed – Tutor
    Result:
    Applications granted ; Contributory conduct (60%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($5,300) ; Costs reserved
  • Labour Inspector v Discount Food Warehouse Ltd

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PENALTY – Applicant sought penalties for respondent’s failure to keep wage, time, holiday and leave records, failure to provide annual leave, failure to pay public holiday pay, failure to provide…
    Result:
    Application granted ; Penalty ($3,500)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved
  • Houkamau v Tango

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - Caregiver
    Result:
    Application dismissed ; Costs reserved
  • Franz v New Zealand Trade and Enterprise Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement before 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
  • New Zealand Dairy Workers Union Inc., Te Runanga Wai U v Fonterra Co-operative Group Ltd

    Andrew Dallas [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Parties disputed whether restructure breached collective agreement (“CEA) – COMPLIANCE ORDER – Applicant sought compliance with CEA
    Result:
    Question answered in favour of applicant ; Application dismissed (compliance order) ; Costs reserved
  • Yang v Golden Products NZ Ltd

    Michael Loftus [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
  • Compass Group New Zealand Ltd v Oldridge

    Michael Loftus [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement - Respondent ordered to comply with Record of Settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • McLeod v Envirowaste Services Ltd

    Peter van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANATGE - UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably disadvantaged by unpaid suspension - Applicant claimed unjustifiably dismissed by respondent - Drug testing - Truck driver
    Result:
    Application granted ; Reimbursement of lost wages ($20,762.60) ; Compensation for loss of benefit ($544.32)(Overtime) ; Compensation for humiliation etc ($11,000) ; Costs reserved
  • Oh v Fletcher Concrete and Infrastructure Ltd (t/a Firth)

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by suspension, bullying by manager and respondent’s breach of good faith – Sales engineer
    Result:
    Application partially granted ; Compensation for humiliation etc ($6,000) ; Costs reserved