• C v D

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION - Applicant sought interim reinstatement - Sexual harassment - Applicant and complainant resolved several work matters at meeting - Applicant kissed complainant on cheek to express he was glad…
    Result:
    Application granted; Costs reserved
  • Begum (Labour Inspector) v Ck Hospitality Ltd t/a Masala Indian Restaurant

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    PENALTY - Applicant sought penalty for respondent's failure to pay minimum wage and holiday pay and failure to keep, maintain and provide records on request - Migrant worker - No…
    Result:
    Application granted; Penalty ($17,500)($3,750 payable to applicant)($13,750 payable to Crown); Disbursements in favour of applicant ($71.56)(filing fee); Costs reserved
  • Begum (Labour Inspector) v Ck Hospitality Ltd t/a Masala Indian Restaurant

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    PENALTY - Applicant sought penalty for respondents failure to pay holiday pay - Migrant worker - No appearance for respondent - Chef
    Result:
    Application granted; Penalty ($7,500)($3,750 payable to applicant)($3,750 payable to Crown); Disbursements in favour of applicant ($71.56)(filing fee); Costs reserved
  • Sood v Super Finance Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent – Applicant had bad relationship with respondent’s director - Whether redundancy sham used to remove applicant – ARREARS OF…
    Result:
    Applications granted ; Reimbursement of lost wages (QTD) ; Compensation for humiliation etc. ($10,000) ; Arrears of wages and holiday pay (QTD); Costs reserved
  • Wang v NZ Chinese Television Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Applicant sought $3,500 contribution towards costs - Authority found daily tariff appropriate - Respondent to pay applicant $3,500 contribution…
    Result:
    Costs in favour of applicant ($3,500)
  • Bennet v Hutt City Council

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    INJUNCTION - Applicant sought interim reinstatement - Drug testing - Reasonable cause - Investigation carried out regarding drug use at work - Applicant admitted smoking cannabis on occasion in personal…
    Result:
    Application granted; Costs reserved
  • Wallace v Titoki Securities Trust

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Incapacity - Applicant claimed unjustifiably disadvantaged by respondent's failure to provide safe workplace and exposure to chemicals - Applicant claimed unjustifiably dismissed by respondent…
    Result:
    Applications dismissed ; Costs reserved
  • Waru v Metallic Sweeping (1998) Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES - Applicant sought arrears of wages and arrears of Kiwisaver - Whether total remuneration approach to Kiwisaver agreed between parties - UNJUSTIFIED DISMISSAL - Serious misconduct -…
    Result:
    Applications granted; Arrears of wages ($690); Arrears of Kiwisaver ($19.86); Reimbursement of lost wages ($6,893.10); Compensation for humiliation etc ($3,500); Costs reserved
  • Smith v Ultimate Resorts and Properties Ltd

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - Applicant ran consultancy business - Whether applicant concluded consultancy work and commenced work as employee
    Result:
    Application dismissed; Costs reserved.
  • Zhang and Anor v Golden Moments Restaurant Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicants sought to raise grievance out of time - Applicants threatened to sue" respondent for dismissal if respondent did…
    Result:
    Application dismissed; Costs reserved