• Rush v JSB Construction Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Whether subsequently discovered conduct should preclude remedies – Machine operator
    Result:
    Application granted ; Contributory conduct (30%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($10,500) ; Costs reserved
  • Maharaj v Wesley Wellington Mission Inc.

    Michael Loftus [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Determination of preliminary issue – Whether applicant’s arrears of wages claim time-barred – Whether applicant’s claim barred by settlement agreement
    Result:
    Application dismissed ; Costs reserved
  • Smith v Mark Stevenson First National Real Estate Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Whether applicant real estate salesperson or property management
    Result:
    Application dismissed ; No order for costs
  • Reiher & Anor v Kershevin Farms Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy - Applicants claimed unjustifiably disadvantaged by having to work without days off and not being paid properly, respondent’s directors’ (“D”) unannounced visits…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal)(arrears of wages and holiday pay) ; Compensation for humiliation etc ($6,000)(first applicant)($6,000)(second applicant) ; Arrears of wages and holiday pay ($7,378.76)(first applicant)($2,528.66)(second applicant) ; Costs reserved
  • Labour Inspector (Liu) v Ken Yakitori Howick (2004) Ltd

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    PENALTY – Applicant sought penalty for failure to provide wage and time records, failure to keep holiday and leave records, failure to provide written employment agreements and failure to pay…
    Result:
    Application granted ; Penalty ($4,500)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Cleverley v Selwyn House School Trust Board

    Peter van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Determination of preliminary issue – Whether applicant’s arrears claim barred by record of settlement (“ROS”) – Director
    Result:
    Application granted ; Costs reserved
  • Moses ; Fully Synced Ltd

    Nicola Craig [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – COSTS – Applicant sought contribution to…
    Result:
    Applications granted ; Reimbursement of lost wages ($6,946.87) ; Interest (5%) ; Compensation for humiliation etc ($2,000) ; Arrears of holiday pay ($34.20) ; Costs in favour of applicant ($3,000) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Falconer v Taranaki Property Specialists Ltd

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful jurisdiction claim – One day investigation meeting – Respondent sought $19,070 indemnity costs – Authority found applicant did not exhibit behaviour close to indemnity threshold – Authority…
    Result:
    Costs in favour of respondent ($3,500)
  • Kundu v Smith (Labour Inspector)

    Michael Loftus [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Applicant objected to Improvement Notice given by respondent – No appearance for applicant
    Result:
    Application dismissed ; Costs reserved
  • Jefferies v Earthcare Environmental Ltd

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement after 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