• Elder v Philip King Restoration Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by warnings and unjustifiably dismissed by respondent - Refusal to follow instructions - Furniture polisher
    Result:
    Applications dismissed ; Costs reserved
  • Duxbury v Smith and Coombes Ltd t/a Corporate Angels

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - PENALTY - Applicant sought penalty…
    Result:
    Applications granted ; Arrears of wages ($11,076) ; Arrears of holiday pay ($1,528) ; Penalty ($1,000)(payable to Crown) ; Costs in favour of applicant ($1,500) ; Disbursements in favour of applicant ($71.56)(filing fee)($153.72)(counsel's travel)($160.16)(counsel's mileage)($844.10)(accountant's report)
  • Bathgate v Capital and Coast District Health Board

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement – 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
  • Belley v Verney Construction Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether employees (“H” and “M”) employees or independent contractors – PRACTICE AND PROCEDURE – Identity of employer – Whether H and M employed by first or second respondent…
    Result:
    Applications granted (jurisdiction)(practice and procedure)(arrears of wages and holiday pay)(penalty) ; Arrears of wages and holiday pay ($894.19) ; Interest (5%) ; Penalty ($2,000)(payable to Crown) ; Application dismissed (compliance order) ; Disbursements in favour of applicant ($71.56)(filing fee)($25)(witness expenses) ; No order for costs
  • K T Ventures Ltd v Johnson

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION – RESTRAINT OF TRADE – Applicant sought interim injunction restraining respondent from breaching restraint of trade clause (“ROT”) in parties’ employment agreement – Area manager
    Result:
    Application dismissed ; Costs reserved
  • Walker v Gael and Anor

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondents – Whether applicant dismissed or abandoned employment – Whether applicant dismissed after handing in notice – PENALTY – Applicant…
    Result:
    Application granted (unjustified dismissal) ; Contributory conduct (25%) ; Reimbursement of lost wages ($183.19) ; Compensation for humiliation etc ($3,750) ; Application dismissed (penalty) ; Costs reserved
  • New Zealand Meat Workers and Related Trades Union Ltd v Silver Fern Farms Ltd

    Christine Hickey [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE - Parties disputed whether respondent's employees entitled to redundancy compensation under collective employment agreement (CEA") - Meatworkers - Seasonal employment - Employees not called up to work at plant…
    Result:
    Question answered in favour of applicant ; Application dismissed (penalty) ; Costs reserved
  • Tuala v Linfox Logistics (NZ) Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant claimed unjustifiably disadvantaged by requirement to relocate place of work following final written warning – PRACTICE AND PROCEDURE…
    Result:
    Application granted (raising personal grievance) ; Application dismissed (practice and procedure) ; Costs reserved
  • Begum v Saiyad Enterprise Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Whether applicant entitled to payment for overtime worked - Whether applicant given cash payments…
    Result:
    Application granted (arrears of wages and holiday pay) ; Arrears of wages (quantum to be determined) ; Arrears of holiday pay (quantum to be determined) ; Application dismissed (counterclaim - recovery of monies) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Cochrane v Kings Transport & Logistics (NZ) Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether applicant breached road rules – Driving with unrestrained child on passenger’s lap – Triangular employment relationship…
    Result:
    Application granted ; Contributory conduct (15%) ; Reimbursement of lost wages ($7,956) ; Compensation for humiliation etc ($5,100) ; Costs reserved