• Kutty v Old Fashioned Smallgoods (NZ) Ltd and Anor

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful arrears claim and unsuccessful penalty claim – One day investigation meeting – Applicant sought uplift in notional daily tariff to acknowledge delays caused by respondent and respondent’s…
    Result:
    Costs in favour of applicant ($5,000) ; Disbursements in favour of applicant ($356.50)(service fees)($71.56)(filing fees)
  • Ohaaki Thermal Kilns Ltd v Labour Inspector

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought to have Improvement Notice rescinded
    Result:
    Application granted ; Costs reserved
  • Zonneveld (Labour Inspector) v Maudaara Ltd

    James Crichton [Employment Relations Authority - Christchurch]

    Summary:
    PENALTY - Applicant sought payment of penalty after respondent failed to make payments of arrears as agreed – Authority previously agreed to award $15,000 penalty if respondent failed to make…
    Result:
    Application granted ; Penalty ($15,000)(payable to Crown)
  • He v Keris Enterprises Ltd

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – One day investigation meeting - Respondent sought $3,500 contribution to costs – Authority found appropriate to reduce notional daily tariff to acknowledge late…
    Result:
    Costs in favour of respondent ($3,000)
  • Weymouth and Anor v Hawkins Construction Ltd and Anor

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Employer sought to consolidate two matters - First matter whether first employee unjustifiably disadvantaged by employer’s actions and unjustifiably dismissed by employer - Second matter whether…
    Result:
    Application granted (practice and procedure) ; Application dismissed (counterclaim - practice and procedure) ; Costs reserved
  • Metropolitan Glass and Glazing Ltd v Meiring

    Robin Arthur [Employment Relations Authority - Auckland]

    Summary:
    RESTRAINT OF TRADE – Applicant sought interim injunction restraining respondent from working for competing business – Geographical scope of restraint of trade (“ROT”) provision - Regional manager
    Result:
    Application dismissed ; Costs reserved
  • McGregor v Auckland City Security Ltd, previously NZ Tactical Canines Ltd

    Nicola Craig [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Respondent did not inform applicant of location of new work premises - Respondent ignored applicant’s attempts to contact…
    Result:
    Applications granted ; Reimbursement for lost wages ($5,056.30) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($1,128) ; Arrears of holiday pay ($246.96) ; Interest (5%) ; Costs in favour of applicant ($1,750)
  • Patey v Silver Fern Farms Ltd

    M B Loftus [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE - Parties disputed whether respondent failed to re-employ applicant to original role per collective employment agreement - During seasonal closure applicant engaged by respondent in alternative role and dismissed…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Jones v Christchurch European Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicant claimed unjustifiably disadvantaged by respondent’s unilateral reduction in fuel allowance and unfair increase in cars to be sold to get…
    Result:
    Application granted (unjustified disadvantage – unjustified dismissal)(penalty) ; Contributory conduct (20%) ; Reimbursement of lost wages ($11,396.66) ; Compensation for loss of benefit ($780) ; Interest (5%) ; Compensation for humiliation etc ($8,000) ; Penalty ($5,000)(payable to Crown) ; Costs reserved
  • Bashir v Ladbrook Law Ltd

    Tania Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievances out of time – Law clerk
    Result:
    Application dismissed ; Costs reserved