• Wano v Opus International Consultants Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to offer fixed term parental leave positive after redundancy
    Result:
    Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved
  • Hann v Phoenix 66 Ltd t/a Synergy Hair Manukau

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Summary dismissal - Hairdresser
    Result:
    Application granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($3,500) ; Costs reserved
  • E-Lighting Ltd v Dickens and Ors

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful restraint of trade and penalty claims – 5 day investigation meeting - Applicant sought contribution to costs – Appropriate to apply uplift in daily tariff to reflect…
    Result:
    Costs in favour of applicant ($17,176.01)(first and second respondents)($8,588)(third respondent)
  • Beaumont v Blossoms Educare Pukekohe 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
  • Lowe and Anor v Waimapu Station Partnership

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive Dismissal - First applicant claimed unjustifiably disadvantaged by respondent’s refusal to pay monthly wages - First applicant claimed constructively dismissed by respondent -…
    Result:
    Applications granted (unjustified dismissal)(arrears of wages and holiday pay)(counterclaim – breach of contract) ; Contributory conduct (30%) ; Arrears of wages ($4,539) ; Arrears of holiday pay ($10,500)(first applicant)($1,728)(second applicant) ; Compensation for humiliation etc ($12,600) ; Damages ($26,325) ; Applications dismissed (breach of contract)(recovery of monies)(penalty)(counterclaim – recovery of monies)(counterclaim – penalty – good faith); Costs reserved
  • Shoshany v 4RF Ltd

    Michele Ryan [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Successful personal grievance claim and unsuccessful penalty claim – Two day investigation meeting – Applicant sought uplift in daily tariff – Applicant rejected two Calderbank offers but Authority…
    Result:
    Costs in favour of applicant ($7000) ; Disbursements ($71.56)(Filing Fee) ($3800)(Travel)
  • Hutchins v Chief Executive Inland Revennue Dept.

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION – Applicant sought interim order for respondent’s consent to working overseas while on approved leave without pay (“LWOP”) – ESTOPPEL – Applicant claimed respondent estopped from withholding consent –…
    Result:
    Applications dismissed ; Costs reserved
  • Ingham (Labour Inspector) v Chargrill Burgers Ltd

    Andrew Dallas [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether individual (“K”) in employment relationship with respondent - PENALTY - Applicant sought penalty for respondent’s breach of Holidays Act 2003 - COSTS - Applicant sought contribution towards…
    Result:
    Applications granted ; Penalty ($8,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs in favour of applicant ($350)
  • Harlow v Western Property Management Ltd and Anor

    Robin Arthur [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – PRACTICE AND PROCEDURE – Identity of employer
    Result:
    Applications granted ; Costs reserved
  • Y v X

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension – Applicant claimed unjustifiably dismissed by respondent
    Result:
    Applications granted ; Reimbursement of lost wages ($26,115.99) ; Compensation for loss of benefit (quantum to be determined) ; Interest payable (5%) ; Compensation for humiliation etc ($15,000) ; Costs reserved