• Rowe (Labour Inspector) v Yong's Food Company Ltd

    James Crichton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether Authority had jurisdiction to grant relief without claim being made pursuant to s 83 Holidays Act 2003 (“HA”) – PENALTY – Applicant sought penalties for respondent’s…
    Result:
    Application granteds ; Penalty ($6,000) ; Costs reserved
  • Singh v Compass Group New Zealand Ltd

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – One day investigation meeting – Respondent sought uplift in notional daily tariff to acknowledge rejected Calderbank offer and applicant’s conduct of case –…
    Result:
    Costs in favour of respondent ($1,000)
  • Tribe v J Scott and Company Ltd

    Robin Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed constructively dismissed by respondent – COSTS – Respondent sought contribution towards costs – Accounts assistant
    Result:
    Application dismissed ; Costs in favour of respondent ($3,000)
  • Gu v Utel Telecom Group Ltd

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Authority determination – COSTS – Applicant sought contribution to costs
    Result:
    Application granted ; Orders made ; Interest (5%) ; Costs in favour of applicant ($500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Wikaira v the Chief Executive of the Department of Corrections

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Failure to disclose convictions - Corrections Officer
    Result:
    Application dismissed ; Costs reserved
  • Kim (Labour Inspector) v Lao Di Fang Ltd

    Peter van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    PENALTY – Applicant sought penalty for respondent’s breach of enforceable undertaking and breach of Wages Protection Act 1983
    Result:
    Application dismissed; Costs reserved
  • Matting v Evangelos Ltd t/a Bliss By The Beach

    Andrew Dallas [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s change in applicant’s hours without notice - ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages, holiday pay…
    Result:
    Applications granted ; Reimbursement of lost wages ($1430) ; Arrears of wages ($176) ; Arrears of holiday pay ($682.44) ; Arrears of KiwiSaver ($255.91) ; No order for costs
  • Callahan v Bidvest New Zealand 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
  • E Tu v Century Drilling and Energy Services (New Zealand) Ltd

    Michele Ryan [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Parties disputed interpretation of clauses in Multi-Employer Collective Agreement (“MECA”) with respondent’s policies – Whether employee can be directed to reside in camp for specified period of…
    Result:
    Questions answered in favour of applicant ; Costs reserved
  • Falconer v Taranaki Property Specialists Ltd

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - IT provider
    Result:
    Application dismissed ; Costs reserved