• Tuau v Southall

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Allegation that applicant assaulted by respondent - Police complaint - COUNTERCLAIM - BREACH OF CONTRACT - Respondent sought…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (15%) ; Compensation for humiliation etc ($2,550) ; Applications dismissed (counterclaim - breach of contract)(counterclaim - recovery of monies) ; Costs reserved
  • Thomson v McCauley v Healthy Business Investments Ltd t/a Pure Kitchen

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first respondent or second respondent - ARREARS OF WAGES – Applicant sought arrears of wages – Whether respondent…
    Result:
    Application granted (arrears of wages) ; Application granted (counterclaim-penalty) ; Arrears of wages ($1,350) ; Penalty ($1,500)(payable to respondent); Application dismissed (counterclaim-breach of contract) ; Costs reserved
  • Jiang v Sky Century Corp Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Whether respondent (“SCC”) employer – ARREARS OF WAGES – Applicant sought arrears of wages from respondent –- Multimedia designer
    Result:
    Applications granted ; Arrears of wages ($4,274) ; Disbursements in favour of applicant ($71.56)(filing fees) ; No orders for costs
  • TGP v TFE and Ors

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought order for non-publication of parties’ identifying details – Whether Authority has jurisdiction to make order for non-publication of proceedings in other court.
    Result:
    Application dismissed ; Costs reserved
  • First Union Incorporated v New Zealand Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    BARGAINING – Application for reference to facilitation – Whether parties unable to agree on level of wages for employees on grand parented salary bands – Whether bargaining unduly protracted and…
    Result:
    Application granted
  • KT Ventures Ltd v Johnson

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Unsuccessful restraint of trade - Less than one day investigation meeting - Respondent sought $6,000 contribution towards costs - Authority found mediation costs not recoverable - Argument applicant…
    Result:
    Costs in favour of respondent ($1,200)
  • McIntyre v Core Technology Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE - Parties disputed appropriate methodology to calculate interest under settlement agreement - Whether second respondent had authority to sign on behalf of first respondent - Whether interest calculated on…
    Result:
    Question answered in favour of applicant ; Costs reserved
  • P v Q

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with interim injunction issued by Authority - Link on respondent's Facebook page to website and other information subject to non-publication order - Ex parte…
    Result:
    Application granted (compliance order) ; Compliance ordered ; Application dismissed (practice and procedure) ; Costs reserved
  • Ale v Kids At Home Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether respondent consented to applicant raising specified unjustified disadvantage grievances out of time - Whether implied consent - Childhood education teacher
    Result:
    Application dismissed ; Costs to lie where they fall
  • Wyber v Midas Infomedia Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Application to re-open investigation - Whether information withheld by respondent at time of original investigation meeting
    Result:
    Application dismissed ; Costs reserved