• Ali v Abhisek Quality Foods Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Determination of preliminary issue – Applicant sought to have respondent’s directors joined to proceedings – Applicant sought summary judgment and order stating directors to guarantee that…
    Result:
    Application dismissed ; Costs reserved
  • Danilewicz v Springs Road Quarry Ltd t/a CCL Construction Contracting

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages – Notice pay - Whether applicant dismissed or abandoned employment
    Result:
    Application granted ; Arrears of wages (quantum to be determined) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Williams v Fletcher Construction Co Ltd for the Earthquake Recovery Project

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant accepted money from contractors to do outside work - Whether applicant’s alleged breach of employment agreement…
    Result:
    Application dismissed ; Costs reserved
  • Sheath v The Selwyn Foundation and Anor

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether Authority had jurisdiction to consider applicant’s arrears of wages claim – Whether respondent continually breached employment agreement (“EA”) by failing to make insurance and pension fund…
    Result:
    Applications dismissed ; Costs reserved
  • Clark v Angard Inverstments Ltd t/a Hair & Beauty By Design

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – Summary dismissal - Whether applicant casual or permanent part-time employee – Hairdresser
    Result:
    Application granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($1,772. 80) ; Compensation for humiliation etc ($3,200) ; Costs reserved
  • Nguyen v Thi Ta and Anor

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant sought leave to raise grievance out of time – Nail salon worker
    Result:
    Application granted ; Costs reserved
  • New Zealand Meat Workers & Related Trades Union Inc v Lean Meats Oamaru Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES - Applicant sought arrears of wages - Whether applicant's members paid for rest breaks appropriately - Rest and meal breaks
    Result:
    Application granted ; Arrears of wages (quantum to be determined) ; Costs reserved
  • Flore v Pacific Gate Logistics Ltd

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought to dismiss counterclaim on basis of being frivolous or vexatious – Whether Authority has jurisdiction to consider breaches of fiduciary duty by employees -…
    Result:
    Application dismissed ; Costs reserved
  • Zhang v Euro Renovation Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – No appearance for respondent -…
    Result:
    Applications granted ; Arrears of wages ($4,165.60) ; Arrears of holiday pay ($894.08) ; Interest (5%) ; 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:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent - RESTRAINT OF TRADE – Applicant sought declaration restraint of trade clause unenforceable – PENALTY - GOOD FAITH…
    Result:
    Applications dismissed ; Costs reserved