• New Zealand Equipment Group Ltd v Bremner

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Applicant failed to respond to Authority after lodging statement of problem – Respondent sought $1,050 contribution towards costs – Authority found matter not withdrawn – Not appropriate to…
    Result:
    No order for costs
  • Rodgers v Taranaki Recruitment Ltd

    Michele Ryan [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Applicant claimed respondent breached Minimum Wage Act 1983 (“MWA”) – UNJUSTIFIED DISMISSAL – Constructive…
    Result:
    Applications granted ; Reimbursement of lost wages ($4,844) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($2,682.74) ; Arrears of holiday pay ($214.61) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved
  • Rahiri v Bay of Plenty District Health Board

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent Whether applicant permanent or casual employee – COSTS – Applicant sought contribution towards costs – Applicant legally aided…
    Result:
    Applications granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($7,500) ; But for legal aid, costs would be in favour of applicant ($1,900) ; Costs reserved
  • Youssef v iP3 Systems Pty Ltd and Anor

    James Crichton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – JURISDICTION – Whether New Zealand forum conveniens to hear claim – Employment agreement provided employment relationship governed by laws of New Zealand…
    Result:
    Application granted ; Costs reserved
  • Graham v KMA Group Ltd t/a Knockout Sportswear

    James Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance claim – Two day investigation meeting – Applicant sought uplift in costs to $11,000 due to Calderbank offers and behaviour in pre-hearing settlement negotiations –…
    Result:
    Costs in favour of applicant ($7,000)
  • Hay v Gisborne District Council

    James Crichton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant claimed respondent’s amended Statement in Reply (“SIR”) materially different from original SIR – Whether further amended SIR be refiled – Application for recusal –…
    Result:
    Applications dismissed ; Costs reserved
  • Teinaki v Nature's Sunshine Products (NZ) Ltd

    James Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISAL – Redundancy – Applicant claimed unjustifiably dismissed – Customer services specialist
    Result:
    Application dismissed ; Costs reserved
  • Shakeshaft v All Seasons Pet Resort Ltd

    Robin Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably disadvantaged by handling of performance concerns – Applicant claimed unjustifiably dismissed by respondent – 90 day trial –…
    Result:
    Applications granted ; Reimbursement of lost wages ($4,608) ; Compensation for humiliation etc ($8,500) ; Arrears of wages ($576) ; Costs in favour of applicant ($3,000) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Zonneveld v Viewbank Dairy Ltd

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with improvement notice - PENALTY - Applicant sought penalty for respondent’s failure to provide and retain written employment agreement (‘EA’) and breaches of the…
    Result:
    Applications granted ; Compliance ordered ; Penalty ($7,500)(payable to Crown) ; Costs reserved
  • Spitzbart v Solarix networks Ltd

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought rehearing of evidence of witness for respondent – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed – PENALTY – Applicant sought penalty…
    Result:
    Applications dismissed; Costs reserved