• Berg v Emergency.Co.NZ Ltd

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Respondent a contractor to TV3 - Personal assistant
    Result:
    Application granted ; Costs reserved
  • Trustrum v Shore Mariner Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Whether vehicle allowance included in gross earnings
    Result:
    Application dismissed ; Costs reserved
  • Smith-Hughes v Te Whanau O Hato Petera Trust

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Whether employment agreement (“EA”) contained clause allowing applicant to determine amount of overtime and…
    Result:
    Application partially granted ; Arrears of holiday pay ($523.66) ; Costs reserved
  • Borsboom (Labour Inspector) v Preet PVT Ltd v Warrington Discount Tobacco Ltd v Singh Bal

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER – Parties reached agreement of terms of settlement before investigation meeting – Terms of settlement to be orders of Authority.
    Result:
    Consent order granted; Orders accordingly; No order for costs
  • Hauiti v Te Reo Irirangi O Nga Raukawa Trust t/a Raukawa FM

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Partially successful personal grievance and arrears of wages claims - Four days investigation meeting – Applicant sought contribution to costs – Respondent sought $28,000 contribution to costs–…
    Result:
    Costs in favour of respondent ($7,000)
  • OfficeMax New Zealand Ltd v Sequeira

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Applicant sought injunction to enforce restraint of trade provision in employment agreement (“EA”) – Merchandise Administration Manager
    Result:
    Application dismissed ; Orders made ; Costs reserved
  • Durning v Evergreen Food Company Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Alleged theft - Removal of magazines without permission - Police complaint - Shop assistant
    Result:
    Application granted ; Reimbursement of lost wages ($6,720) ; Compensation for humiliation etc ($2,500) ; Costs reserved
  • Wray v Averill Moore Investments t/a Amil Service

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by change to shift pattern without consultation - Customer service / sales representative
    Result:
    Application dismissed ; Costs reserved
  • Manley v Jackson Flooring Design Napier Ltd

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days – Applicant summarily dismissed during trial period - Applicant raised grievance within notice period after receiving notice of termination –…
    Result:
    Application granted ; Costs reserved
  • Moore-Jones v Ariki New Zealand Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - Whether independent contractor arrangement became employment relationship - UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent -…
    Result:
    Applications granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($10,000) ; Recovery of monies ($11,872.01) ; Costs reserved