• Thornley and Brown v Marlborough Boys' College Board of Trustees

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER - ARREARS OF WAGES - Applicants sought compliance with collective employment agreement (CEA") - Applicants sought arrears of wages - Whether management salary units permanent or fixed term…
    Result:
    Applications granted (compliance order)(arrears of wages)(raising personal grievance)(unjustified disadvantage) ; Compliance ordered ; Arrears of wages (quantum to be determined) ; Interest (5%) ; Compensation for humiliation etc ($5,000)(first applicant)($5,000)(second applicant) ; Applications dismissed (good faith)(breach of contract) ; Costs reserved
  • Lyles v Swimming New Zealand Inc

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COUNTERCLAIM - PRACTICE AND PROCEDURE - Respondent sought non-publication of personal information relating to persons not parties to Authority's investigation and documents containing commercially sensitive information relating to respondent's high…
    Result:
    Application granted ; No order for costs
  • McHugh v Chief Executive of the New Zealand Fire Service

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance and unsuccessful breach of contract claim - Three day investigation meeting - Applicant sought $19,250 contribution towards costs - Both parties made calderbank offers -…
    Result:
    Costs in favour of applicant ($3,500); Disbursements in favour of applicant ($230)(faxes, photocopying and telephone expenses)($459.99)(extra hearing time)($71.56)(filing fee)
  • Southee v Moynihan

    Trish MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - No appearance for applicant or respondent
    Result:
    Application dismissed; No order for costs
  • O'Shea (Labour Inspector) v Radley Haulage Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay on behalf of respondent's former employee (D") - PENALTY - Applicant sought penalty for respondent's…
    Result:
    Applications granted ; Arrears of wages ($299.25) ; Arrears of holiday pay ($5,100.18) ; Interest (5%) ; Penalty ($800)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Jacks Hardware and Timber Ltd t/a Mitre 10 Mega (Mosgiel and Dunedin) v Beentjes

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with parties' settlement agreement (SA") - Obligation not to speak ill of other party - Derogatory text - RECOVERY OF MONIES - Applicant sought…
    Result:
    Applications granted (compliance order)(penalty) ; Compliance ordered ; Penalty ($1,500)(payable to applicant)($1,000)(payable to Crown) ; Application dismissed (recovery of monies) ; Costs reserved
  • Cousins v Macpac Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement prior to investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Hogeboom v Quality Firewood Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Successful personal grievance claim – No investigation meeting – Whether parties reached full and final settlement of all matters including costs – Authority found no meeting of minds…
    Result:
    Costs in favour of applicant ($360)
  • Zyskowski v King & Co (2012) Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether applicant in employment relationship with respondent - Applicant shareholder - Whether initial arrangement subsequently altered - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of…
    Result:
    Applications granted (jurisdiction)(arrears of wages and holiday pay); Arrears of wages ($16,489.20); Arrears of holiday pay ($9,012.64); Arrears of Kiwisaver ($2,112.60); Application dismissed (raising personal grievance); Costs reserved
  • Tylee-Porter v The McLean Institute

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    COUNTERCLAIM - PRACTICE AND PROCEDURE - Respondent sought non-publication of financial details of arrangements with bank - COMPLIANCE ORDER - Applicant sought compliance with parties' settlement agreement (SA") - PENALTY…
    Result:
    Application granted (penalty) ; Penalty ($2,000)(payable to applicant)($1,000)(payable to Crown) ; Application partially granted (counterclaim - practice and procedure) ; Costs reserved