• Prendergast v Reefton Crane & Construction Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement after investigation meeting - No orders made as settlement adhered to - Terms of settlement in full and final settlement…
    Result:
    No order for costs
  • Berg v Emergency.co.nz Ltd

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of remedies – Arrears of holiday pay
    Result:
    Application granted ; Quantum specified ($5,578.96) ; No order for costs
  • Pullen v Agrissentials NZ Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    PENALTY – Applicant sought penalty for respondent’s breach of settlement agreement (“SA”) – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of monies paid to applicant under SA –…
    Result:
    Application granted (penalty) ; Penalty ($1,500)($750)(payable to applicant)($750)(payable to Crown) ; Application dismissed (counterclaim-recovery of monies) ; 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:
    COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought non-publication order – Whether sales information confidential and sensitive
    Result:
    Application granted ; Order made ; No order for costs
  • Yu v Zespri International Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought removal of matter to Employment Court (EC") on ground important question of law likely to arise and that EC already had before…
    Result:
    Application granted ; Costs reserved
  • Kirby v New Zealand China Friendship Society Inc

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant in employment relationship with respondent – Whether applicant volunteer – Teacher
    Result:
    Application dismissed ; Costs reserved
  • Tummuru v Khan Enterprises Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant in employment relationship with respondent during training period - Whether applicant employee or independent contractor during rest of work with respondent – ARREARS OF WAGES AND…
    Result:
    Applications granted ; Arrears of wages ($13,741.50) ; Arrears of holiday pay ($1,597.68) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved
  • Brown (Labour Inspector) v Kiwi Labour Solution (2013) Ltd and Ors

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Illegal workers – No employment agreements (“EA”) - Workers paid in cash without payslips – Whether workers employed by respondents – Sub-contractor…
    Result:
    Applications granted: Penalty ($7,500)(first respondent)(payable to Crown)($7,500)(second respondent(payable to Crown) ($7,500)(third respondent(payable to Crown); Disbursements in favour of applicant ($71.56)(first respondent)(filing fees)($71.56) (second respondent)(filing fees)($71.56)(third respondent)(filing fees) ; No order for costs
  • Stokes v B2B Mobile Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement during 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
  • Lumsden v Skycity Management Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COUNTERCLAIM – PRACTICE AND PROCEDURE – Respondent sought dismissal of certain parts of proceeding - Whether certain parts of proceeding frivolous and vexatious – - Applicant claimed respondent breached parties’…
    Result:
    Application granted ; Costs reserved