• Oliver v Star Moving Ltd & Anor

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of remedies
    Result:
    Application granted ; Arrears of holiday pay ($573.09) ; Costs reserved
  • Chakonda v S & G Plus Auto Electrical Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or volunteer – ARREARS OF WAGES – Applicant sought arrears of wages from respondent – Electrician
    Result:
    Applications granted ; Arrears of wages ($3,640) ; Interest (5%) ; Costs reserved
  • Teka v Walker

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent – Support worker
    Result:
    Application dismissed ; No order for costs
  • Robertshaw v Bay of Plenty District Health Board

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s disciplinary process and breach of contractual obligations – INJUNCTION – Applicant sought interim injunction restraining respondent’s chief executive from acting on…
    Result:
    Applications dismissed ; Costs reserved
  • Bird v The New Zealand Retreat (Auckland) 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
  • Brew v Cowboys Bar Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – No appearance for respondent - COSTS – Applicant sought contribution to costs
    Result:
    Application granted ; Orders made ; Interest (5%) ; Costs in favour of applicant ($170) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Unite Union v Restaurant Brands Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Parties disputed interpretation of clause in collective employment agreement (“CEA”) – Meaning of ordinary rate
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Thomson v Arrow Marking Ltd

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – Summary dismissal - ARREARS OF WAGES AND HOLIDAY PAY…
    Result:
    Applications granted (unjustified dismissal)(arrears of wages and holiday pay) ; Contributory conduct (25%) ; Reimbursement of lost wages ($1,380) ; Compensation for humiliation etc ($7,500) ; Arrears of wages and holiday pay (quantum to be determined) ; Application dismissed (penalty) ; Costs reserved
  • Herrick v Kathmandu Holdings 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
  • Nguyen v Ta & Anor

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Withdrawal of claims – No investigation meeting - Respondents sought contribution to costs – Not appropriate to apply notional daily tariff since no investigation meeting …
    Result:
    Costs in favour of respondents ($4,921)