• Kirkman v ADT Security Ltd

    Vicki Campbell [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
  • Sampson v Prebbleton Veterinary Hospital (2009) Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful personal grievance claim – One day investigation meeting – Respondent sought contribution towards costs – Authority found appropriate to apply notional daily tariff – Applicant to pay…
    Result:
    Costs in favour of respondent ($3,500)
  • E-Lighting Ltd v Dickens and Ors

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on ground EC already had before it proceedings between same parties involving same or similar issues and…
    Result:
    Application granted ; Costs reserved
  • Sheath v The Selwyn Foundation and Anor

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on grounds important question of law and EC already had before it proceedings between same involving same…
    Result:
    Application dismissed ; Costs reserved
  • Kerse and Anor v Cook Strait Distributors Ltd

    Michele Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissal - Applicants claimed unjustifiably dismissed by respondent - Whether valid 90 day trial period - Authority previously found respondent unfairly bargained with applicants
    Result:
    Application granted ; Reimbursement of lost wages ($6,032)(first applicant)($1,508)(second applicant); Compensation for humiliation etc ($5,000)(each applicant) ; Costs reserved
  • Halwala v Mighty River Power Ltd

    Robin Arthur [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance claim and unsuccessful recovery of monies counterclaim – Two day investigation meeting - Applicant sought uplift in notional daily tariff to acknowledge respondent’s document requirements…
    Result:
    Costs in favour of applicant ($7,000) ; Disbursements in favour of applicant ($188)(bureau fees and document production)
  • The Whyte Group Ltd v Chand

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    COSTS – Unsuccessful application to reopen investigation – Respondent sought full indemnity costs of $2,829 – Applicant sought notional daily tariff to apply – Applicant’s conduct did not meet threshold…
    Result:
    Costs in favour of respondent ($2,400)
  • Maxwell (Labour Inspector) v Taste of Egypt Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages – PENALTY – Applicant sought penalty for respondent’s failure to pay minimum wage and public holiday pay, failure to provide annual…
    Result:
    Applications granted ; Arrears of wages ($64,559.12) ; Interest (5%) ; Penalty ($20,000)(payable to Crown) ; Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Robin v Partners in Pork Ltd

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Leave sought to raise grievance out of time – Butchery manager
    Result:
    Application granted ; Costs reserved
  • Norton (Labour Inspector) v KRSVP Ltd

    Peter van Keulen [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with improvement notice - Improvement notice required respondent to provide written employment agreements which contained mandatory provisions, and keep and produce time and wage…
    Result:
    Application granted (penalty) ; Penalty ($7,500)(payable to Crown) ; Application dismissed (compliance order) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs