• Butterfield v Alliance Group Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought to strike out applicant’s claim – Whether applicant person intending to work
    Result:
    Application dismissed ; Costs reserved
  • AON New Zealand v West & Anor

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    RESTRAINT OF TRADE – Applicant sought damages for respondent’s breaches of restraining covenants, a signed undertaking and confidentiality obligations – PENALTY – Applicant sought penalty for first respondent’s breach of…
    Result:
    Applications granted ; Damages ($60,449.88) ; Penalty ($8,000)(payable to applicant)(first respondent)($5,000)(payable to applicant)(second respondent) ; Costs reserved
  • Smith v Extensions to Life Ltd

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by written warning and suspension – Applicant claimed unjustifiably dismissed by respondent - ARREARS OF WAGES –…
    Result:
    Applications granted (unjustified disadvantage-unjustified dismissal) ; Contributory conduct (30%) ; Compensation for humiliation etc ($13,000) ; Arrears of wages ($1,038.50) ; Application dismissed (penalty) ; Costs reserved
  • Bashir v Ladbrook Law Ltd

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by lack of support in work, redundancy process, racial harassment and bullying from respondent’s director – COUNTERCLAIM – RECOVERY OF MONIES – Respondent…
    Result:
    Applications granted ; Contributory conduct (25%) ; Compensation for humiliation etc ($7,500) ; Recovery of monies ($1,322.22) ; Costs reserved
  • Walker v Supersealing Ltd

    Robin Arthur [Employment Relations Authority - Auckland]

    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
  • Hale v Sutherland

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – 90 day trial – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday…
    Result:
    Applications granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($5,000) ; Arrears of wages and holiday pay (quantum to be determined) ; Costs reserved
  • Te Kanawa v Northern Legal Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent –- Solicitor
    Result:
    Application granted ; Compensation for humiliation etc ($10,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Crichton v TD Drilling 2014 Ltd and Anor

    Michael Loftus [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by warnings, unsafe workplace, lack of good faith –…
    Result:
    Applications granted ; Reimbursement of lost wages ($11,115) ; Compensation for humiliation etc ($12,000) ; Costs reserved
  • Lowes v Hall's Group Ltd

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – Terms of settlement to be orders of Authority – Respondent successful party – Applicant to pay…
    Result:
    Consent order granted ; Orders accordingly ; Costs in favour of respondent
  • Feeney (Labour Inspector) v Sharma and Sons (2009) Ltd and Anor

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Admissibility of evidence - Secret audio recording - Whether witness able to appear by telephone
    Result:
    Application partially granted ; Costs to lie where they fall