• Somerville v LDK Investments Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant dishonest during job interview when asked how epilepsy would affect work - Whether pre-employment misrepresentation -…
    Result:
    Applications granted ; Reimbursement of lost wages ($576) ; Compensation for humiliation etc ($11,000) ; Arrears of wages ($720) ; Arrears of holiday pay ($57.60) ; Costs reserved
  • Howard v Mitre 10 (New Zealand) Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay - Deduction from final wages - Whether applicant overpaid salary - Settlement agreement (SA")"
    Result:
    Application granted ; Arrears of holiday pay ($2,046.31) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved
  • Watson v Waitakere Playhouse Theatre Trust

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed by respondent - Redundancy - Whether grant from council to pay applicant's wage - JURISDICTION - Applicant held two roles with respondent -…
    Result:
    Applications dismissed.
  • Twentyman v The Warehouse Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT - Applicant sought damages for respondent's breach of employment agreement (EA") - Whether respondent failed to provide safe and healthy workplace - Whether respondent failed to maintain…
    Result:
    Application granted (counterclaim - penalty - good faith) ; Penalty ($1,500)(payable to respondent) ; Applications dismissed (breach of contract)(raising personal grievance) ; Costs reserved
  • South Otago High School Board of Trustees v Nicol

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - Quantum of remedies - Respondent ordered previously to repay salary overpayment to applicant - Respondent disputed applicant's calculation of net sum - Applicant recalculated - Respondent…
    Result:
    Application granted ; Quantum specified ; Recovery of monies ($1,727.67) ; Costs reserved
  • Van De Laar v Simon Dickie Adventures Ltd

    TG Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Orders sought to be orders of Authority - Order prohibiting publication of orders
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Hall v Ted Ingram Property Services Ltd and Anor

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement before investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Parkes v Auckland Council

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - Technical leader (fire)
    Result:
    Application dismissed ; Costs reserved
  • Gardner and Ors v Platinum Health Ltd and Ors

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful practice and procedure claim - No investigation meeting - Second respondent sought $4,720 contribution towards costs - Fourth respondent sought $7,044 indemnity costs - Authority found no…
    Result:
    Costs in favour of second respondent ($2,000)
  • Colin Bender Chartered Accountants Ltd v Blake

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement before investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs