• Blincoe v Waste Contractors Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - ARREARS OF HOLIDAY PAY - Applicant sought arrears…
    Result:
    Applications granted (jurisdiction)(unjustified dismissal)(arrears of holiday pay) ; Reimbursement of lost wages ($15,488.52) ; Arrears of holiday pay ($2,769.24) ; Interest (5%) ; Compensation for humiliation etc ($8,500) ; Application dismissed (penalty - good faith) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved
  • Wooddin v Meijer and Ors

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - Construction industry - PRACTICE AND PROCEDURE - Identity of employer - First and second respondents directors of third respondent - ARREARS…
    Result:
    Applications granted (jurisdiction)(arrears of wages and holiday pay)(unjustified dismissal) ; Arrears of wages and holiday pay ($4,485.50) ; Reimbursement of lost wages ($7,200) ; Compensation for humiliation etc ($1,000) ; Application dismissed (practice and procedure) ; Costs reserved
  • Thompson v Genesis Communications Ltd

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with parties' settlement agreement - Without notice application - Ex parte application
    Result:
    Orders made ; Costs reserved
  • Fang v International Auckland Group Pty Ltd and Anor

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - No appearance for…
    Result:
    Application granted (arrears of holiday pay) ; Arrears of holiday pay ($5,991.04) ; Interest (5%) ; Applications dismissed (arrears of wages)(raising personal grievance) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Jeffers v Dynamic Meats (2014) Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on variation of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; Costs reserved
  • Paul v Stonecold Distributors Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent - Whether applicant sexually harassed respondent's customer - Driver
    Result:
    Application granted ; Reimbursement of lost wages ($11,290.67) ; Compensation for humiliation etc ($8,000) ; Costs reserved
  • Bothwell v Manawatu Dance Academy Ltd and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COSTS - Successful practice and procedure counterclaim - No investigation meeting - Second respondents sought $4,576 indemnity costs - Authority found no dispute apparent that applicant employed by first respondent…
    Result:
    Costs in favour of second respondents ($700)
  • Russell v Transfield Services (New Zealand) Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant sought leave to raise grievance out of time - Quarries supervisor
    Result:
    Application dismissed ; Costs reserved
  • Burns v Randwick Meat Co Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by suspension - Applicant accused of using work time to gather intelligence about customers and pricing not related to applicant's duties - Applicant…
    Result:
    Application dismissed ; Costs reserved
  • Norton (Labour Inspector) v Vine Strength Ltd and Ors

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether individual (K") employed by second respondent or volunteer - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay on behalf of…
    Result:
    Applications granted ; Arrears of wages and holiday pay ($6,879)(first respondent)($15,837)(second respondent) ; Penalty ($5,000)(first respondent)(payable to Crown)($5,000)(second respondent)(payable to Crown) ; Costs reserved