• AON New Zealand v West & Anor

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought order for non-publication of commercially sensitive information and confidential client information
    Result:
    Application granted ; Costs reserved
  • Zonneveld (Labour Inspector) v Hugh and Darla Le Fleming as Trustees of Le Emari Trust

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER – Parties reached agreement of terms of settlement– Terms of settlement to be orders of Authority - Respondents to pay $2,500 penalty for failure to pay minimum wage
    Result:
    Consent order granted; Orders accordingly; Penalty ($2,500)(payable to Crown) ; No order for costs
  • Methven v Bikes International Ltd

    James Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Respondent claimed applicant resigned - Applicant occupied original role and new trial role - Whether applicant resigned from…
    Result:
    Application granted ; Compensation for loss of bonuses ($4,500) ; Compensation for loss of benefit ($4,500)(use of company car and bike) ; Compensation for humiliation etc ($10,000) ; Disbursements in favour of applicant $71.56(filing fee) ; Costs reserved
  • Hill v Ardex New Zealand Ltd

    James Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by process used by respondent to dismiss applicant – 90 day trial period – Whether trial period conformed with law – Whether applicant’s…
    Result:
    Application dismissed ; Costs reserved
  • Bower v Houston

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by respondent’s company – Respondent’s company struck off - UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant…
    Result:
    Application granted (practice and procedure) ; Orders made ; Application dismissed (unjustified disadvantage – unjustified dismissal) ; No order for costs
  • Rogerson v Trenowa Holdings Ltd t/a Blockbuster Video

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days - UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably disadvantaged due to being forced to take annual…
    Result:
    Applications granted (raising personal grievance)(unjustified dismissal)(arrears of wages) ; Compensation for humiliation etc ($6,000) ; Arrears of wages (quantum to be determined) ; Application dismissed (unjustified disadvantage) ; Costs reserved
  • Ali v Abhisek Quality Foods Ltd

    David Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful preliminary counterclaim and successful arrears of wages claim – One day investigation meeting for preliminary matter - Less than half day investigation meeting for substantive hearing -…
    Result:
    Costs to lie where they fall ; Disbursements in favour of applicant ($2,717.71)(filing fee, travel costs, accountancy fees and agent’s fee)
  • Tuffey v Vinka Farms Ltd

    James Crichton [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement – Terms of settlement to be orders of Authority – Order prohibiting publication of terms of settlement
  • Hansen v Idea Service Ltd

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Community Support Worker
    Result:
    Application dismissed ; Costs reserved
  • Bengal Investments Ltd t/a Muffin Break Johnsonville v Ibell

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    BREACH OF CONTRACT – Applicant claimed respondent breached confidentiality provisions in settlement agreement (“SA”) – Whether respondent told former employee of details of SA - COSTS – Applicant sought $1,200…
    Result:
    Costs in favour of respondent ($1,2000 ; Application dismissed (breach of contract)