• Saroz v Flower Feva Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay and KiwiSaver – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent - Florist manager
    Result:
    Applications granted ; Arrears of holiday pay (quantum to be determined) ; Arrears of KiwiSaver (quantum to be determined) ; Interest (7.5%) ; Compensation for humiliation etc ($6,000) ; Costs reserved
  • Lakera (Labour Inspector) v Peniel Construction Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with statutory requirement to provide written employment agreements (“EA”) and wage, time and holiday records – PENALTY – Applicant sought penalty for respondent’s failure…
    Result:
    Applications granted ; Orders made ; Penalty ($6,500)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Davis v Hard Yards Brick/Block & Landscape Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - Bricklayer
    Result:
    Application dismissed ; Costs reserved
  • Abiar v Glen Innes Food Warhouse Ltd t/a Pak N Save Glen Innes

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Grocery assistant
    Result:
    Application dismissed ; Costs reserved
  • Graham v KMA Group Ltd t/a Knockout Sportswear

    James Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by respondent’s persistent contact during leave – Applicant claimed unjustifiably dismissed – Sales representative
    Result:
    Application granted (unjustified disadvantage) ; Contributory conduct (20%) ; Compensation for humiliation etc ($8,000) ; Application dismissed (unjustified dismissal) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved
  • Lolohea v Tongan Health Society Inc

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful personal grievance claim – Two day investigation meeting – Respondent sought $7,000 contribution towards costs – Applicant argued financial hardship – Found appropriate to reduce notional daily…
    Result:
    Costs in favour of respondent ($5,000)
  • Belley (Labour Inspector) v G L Freeman Holdings Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Deductions from wages - PENALTY - Applicant sought penalties for respondent’s breaches of holiday…
    Result:
    Applications granted ; Arrears of wages and holiday pay ($7,122.86) ; Interest (5%) ; Penalty ($14,500)(payable to Crown)($500)(payable to applicant) ; Disbursements in favour of applicant ($71.56) ; No order for costs
  • Quinn (Labour Inspector) v Indique NZ Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought order for compliance with Improvement Notice – PENALTY – Applicant sought penalty for respondent’s failure to comply with Improvement Notice – COSTS – Application sought…
    Result:
    Applications granted ; Orders made ; Penalty ($6,000)(payable to Crown) ; Costs in favour of applicant ($300) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Thompson v Middle Earth Flying School Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - Whether nature of relationship changed over time
    Result:
    Application dismissed ; Costs reserved
  • Laurie v Plants North Ltd and Anor

    Anna Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first or second respondent – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – ARREARS…
    Result:
    Application granted (unjustified dismissal) ; Reimbursement of lost wages ($4,723.88) ; Compensation for humiliation etc ($10,000) ; Application partially granted (arrears of wages and holiday pay) ; Arrears of wages ($726.75) ; Arrears of holiday pay ($3,931.50) ; No order for costs