• Russell (Senior Labour Inspector) v Dentice Facilities Management (2011) Ltd

    M B Loftus [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Improvement Notice - PENALTY – Applicant sought penalty for failure to comply with Improvement Notice - No appearance for respondent
    Result:
    Applications granted ; Orders made ; Interest (5%) ; Penalty ($7,500)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Spence (Labour Inspector) v Tamehana Horticulture Service Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Improvement Notice – PENALTY – Applicant sought penalty for respondent’s failure to comply with Improvement Notice – COSTS – Applicant sought contribution towards…
    Result:
    Applications granted ; Orders made ; Penalty ($1,500)(payable to third party)($4,500)(payable to Crown) ; Costs in favour of applicant ($300) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Tunnell v The Riv Ltd

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent - ARREARS OF WAGES – Applicant sought arrears of wages - Chef
    Result:
    Applications granted ; Orders made ; Reimbursement of lost wage ($7,020) ; Compensation for humiliation etc ($4,000) ; Arrears of wages ($320.76) ; Costs reserved
  • E-Lighting Ltd v Dickens and Ors

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    RESTRAINT OF TRADE – Applicant sought to enforce restraint of trade (ROT) provisions – PENALTY – GOOD FAITH – Applicant sought penalties for first and second respondents’ breach of implied…
    Result:
    Applications granted (penalty – good faith)(breach of contract) ; Penalty ($10,000)(first respondent)(payable to applicant) ($3,000)(second respondent)(payable to applicant) ($10,000)(third respondent)(payable to applicant) ; Damages (quantum to be determined) ; Application dismissed (restraint of trade) ; Costs reserved
  • Nicholas v Point To Point Holdings Ltd

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES, HOLIDAY PAY AND KIWISAVER – Applicant sought arrears of wages, holiday pay and KiwiSaver – RECOVERY OF MONIES – Applicant sought reimbursement of travel expenses - Construction…
    Result:
    Applications granted ; Orders made ; Arrears of wages ($3,675.76) ; Arrears of holiday pay ($2293.32) ; Arrears of KiwiSaver ($1,786.80) ; Interest (7.5%)
  • McIntyre v TTR Automotive Ltd t/a Pit Stop Nelson

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - QUANTUM OF REMEDIES - Previous costs determination in favour of applicant - Authority granted leave in the event the parties could not agree on suitable amount…
    Result:
    Application granted ; Orders made
  • Segal v Infor (New Zealand) and Anor

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first or second respondent – First respondent based in New Zealand - Second respondent based in Australia -…
    Result:
    Applications dismissed ; Costs reserved
  • CTC Aviation Training (NZ) Ltd v Holman

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether Authority had jurisdiction to require respondent to pay applicant outstanding balance of training fee - Whether employment relationship problem or contractual debt - COUNTERCLAIM -…
    Result:
    Applications dismissed ; Costs reserved
  • Saroz v Flower Feva Ltd

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Half day investigation meeting – Applicant sought $10,300 indemnity costs – Inappropriate to award indemnity costs – Authority found appropriate to award costs based on original schedule…
    Result:
    Costs in favour of applicant ($9,000) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Spanhake v Whenuapai Primary School Board of Trustees

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether Authority can order settlement agreement (“SA”) signed by mediator under s149 Employment Relations Act 2000 (“ERA”) voidable on grounds of duress – School principal
    Result:
    Application dismissed ; Costs reserved