• Nee v Best Health Products Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES – Applicant sought arrears of wages - PENALTY – GOOD FAITH - Applicant sought penalty…
    Result:
    Applications granted (arrears of wages)(penalty) ; Arrears of wages ($625) ; Penalty ($2,500)(payable to applicant) ; Application dismissed (unjustified dismissal) ; Costs reserved
  • Williams, Executor of the Estate of Dorothy Williams v KH Consulting Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant’s estate sought arrears of wages – Deductions from wages – Administrator
    Result:
    Application granted ; Arrears of wages and holiday pay (quantum to be determined) ; No order for costs
  • Orica New Zealand Ltd v Mattson

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant sought damages for respondent’s breaches of employment agreement (“EA”) by breaching confidentiality obligations, failing to return all company property upon termination of employment and breaching…
    Result:
    Applications granted (penalty)(counterclaim-arrears of wages and holiday pay)(counterclaim-recovery of monies) ; Penalty ($5,000)(payable to applicant) ; Arrears of wages ($2,540.64) ; Arrears of holiday pay ($1,317.24) ; Recovery of monies ($123.60) ; Application partially granted (breach of contract) ; Application dismissed (counterclaim- penalty - good faith) ; Costs reserved
  • The Pulp and Paper Industry Council of the Manufacturing and Construction Workers Union v Carter Holt Harvey Pulp and Paper Ltd and Anor

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Parties disputed interpretation of collective employment agreement (“CEA”) concerning whether holiday pay to be paid based on average weekly shifts worked – Whether respondent required to increase annual…
    Result:
    Question answered in favour of respondent ; Costs reserved
  • Chand v Payless Print Ltd

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages, holiday pay and KiwiSaver – No appearance for respondent – Web developer
    Result:
    Application granted ; Arrears of wages ($7,347.08) ; Arrears of holiday pay ($1,264.80) ; Arrears of KiwiSaver ($474.30) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Sood v Super Finance Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Quantum of remedies - Authority previously determined applicant unjustifiably dismissed and entitled to arrears of wages and holiday pay - Applicant sought calculation of arrears of…
    Result:
    Application granted ; Quantum specified ; Arrears of wages ($1,728.48) ; Arrears of holiday pay ($344.17) ; Reimbursement of lost wages including holiday pay ($63,566.81) ; Costs in favour of applicant ($8,500) ; Disbursements in favour of applicant ($71.56)(filing fee)($352)(office expenses)
  • Caffe Coffee (NZ) Ltd v Farrimond

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant sought damages for respondent’s breaches of employment agreement (“EA”) by setting up competing business, removing and misusing confidential information and intellectual property, and diverting clients…
    Result:
    Application partially granted (breach of contract) ; Applications dismissed (injunction)(penalty) ; Costs reserved
  • Stojkov v Bela Ltd

    Vicki Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance and arrears of wages claim – Less than one day investigation meeting – Applicant sought contribution towards costs – Applicant made $15,000 Calderbank offer –…
    Result:
    Costs in favour of applicant ($3,500)
  • Saunders v Tanwha Estate Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with settlement agreement (“SA”) – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of costs of cleaning applicant’s accommodation
    Result:
    Applications dismissed ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Bhikoo v Stephen Marr Hair Design Newmarket Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance claim - Less than one day investigation meeting - Respondent sought $17,500 contribution towards costs - Applicant rejected $10,000 Calderbank offer - Authority found rejection…
    Result:
    Costs in favour of respondent ($4,000)