• McIntyre v TTR Automotive Ltd t/a Pit Stop Nelson

    Helen Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with settlement agreement (“SA”) – PENALTY – Applicant sought penalty for respondent’s breach of SA - COUNTERCLAIM - PENALTY – Respondent sought penalty for…
    Result:
    Applications granted ; Orders made ; Penalty ($500)(payable to applicant) ; Penalty ($1,000)(payable to respondent) ; Costs reserved
  • Feeney (Labour Inspector) v Naari Collection Ltd

    Robin Arthur [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with statutory duties to provide wage, time, holiday and leave records and written employment agreement (“EA”) on request – PENALTY – Applicant sought penalty…
    Result:
    Applications granted ; Orders made ; Penalty ($4,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Jones v Palmco Garden Ltd

    Rachel Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance claim – Less than one day investigation meeting – Applicant sought $8,050 indemnity costs – No reason to award indemnity costs - Authority found appropriate…
    Result:
    COSTS – Successful personal grievance claim – Less than one day investigation meeting – Applicant sought $8,050 indemnity costs – No reason to award indemnity costs - Authority found appropriate to apply notional daily tariff – Respondent to pay applicant $750 contribution towards costs
  • Phillips v Modern Transport Engineers (2002) Ltd

    Eleanor Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Determination of preliminary issue - Whether valid 90 trial period provision - Applicant not provided written copy of employment agreement (“EA”) - Applicant did not recall whether…
    Result:
    Application granted ; Costs reserved
  • AFFCO New Zealand Ltd v New Zealand Meat Workers and Related Trades Union Inc

    Helen Doyle [Employment Relations Authority - Auckland]

    Summary:
    COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought removal of matter to Employment Court “EC” on grounds important question of law likely to arise, EC already had before it proceedings…
    Result:
    Application granted ; Costs reserved
  • Austing and Anor v Wellington Free Ambulance Service Trust

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION - Applicants sought interim reinstatement - Applicants dismissed for serious misconduct after investigations upheld complaints of alleged intimidating behaviour, inappropriate communication and failure to follow instructions - Patient safety…
    Result:
    Application granted ; Costs reserved
  • Spence (Labour Inspector) v Western Bay Seafoods Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement – Terms of settlement to be orders of Authority – Respondent to pay applicant $3,000 penalty for failure to provide…
    Result:
    Consent order granted ; Orders accordingly ; Penalty ($3,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Franich v Vodafone New Zealand Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE –Applicant sought order for non-publication of sensitive personal information – COUNTERCLAIM – PRACTICE AND PROCEDURE - Respondent sought order for non-publication of confidential and commercially sensitive information…
    Result:
    Applications granted ; Orders accordingly ; Costs reserved
  • Bengal Investments Ltd t/a Muffin Break Johnsonville

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Determination of preliminary issue – Respondent sought to strike out applicant’s claim as frivolous or vexatious
    Result:
    Application dismissed ; Costs reserved
  • King and Ors v Chief Executive of Ministry for Primary Industries

    M Ryan [Employment Relations Authority - Wellington]

    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
    • 18 August 2015

    • [2015] NZERA Wellington 77