• Just Plants Ltd v Smith and Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – RESTRAINT OF TRADE – BREACH OF CONTRACT – INJUNCTION – Applicant sought damages for first respondent’s breach of restraint of trade provision…
    Result:
    Application granted (practice and procedure) ; Applications dismissed (restraint of trade)(breach of contract)(injunction) ; Costs reserved
  • Service and Food Workers' Union and Ors v Skycity Auckland Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT - Applicants claimed respondent breached parties' collective agreement (CA") and sought compliance order in that regard - CA provided opportunities for development available and referred to empowered…
    Result:
    Application partially granted (breach of contract); Application dismissed (dispute); Costs reserved
  • Newall v Prestage

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful penalty claim - Half day investigation meeting - Applicant sought $7,809 indemnity costs - Authority found respondent's actions resulted in additional costs incurred by applicant - Respondent…
    Result:
    Costs in favour of applicant ($3,000); Disbursements in favour of applicant ($71.56)(filing fee) ($996.40)(service costs)
  • Doyle v Barnados New Zealand

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at 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
  • Aiga v Meticulous Home Services (NZ) Ltd t/a Meticulous Maids

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant in employment relationship with respondent
    Result:
    Application dismissed; No order for costs
  • Dutt v 510 Hospitality Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Notice period - Public holidays - No appearance for respondent - Chef
    Result:
    Application granted; Arrears of wages ($3,369.22); Arrears of holiday pay ($2,695.39); Disbursements in favour of applicant ($71.56); No order for costs
  • Sinclair v Datum Connect Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement (“SA”) – PENALTY – Applicant sought penalty for respondent’s breach of SA – COSTS – Applicant sought $2,254 indemnity costs…
    Result:
    Applications granted ; Compliance ordered ; Penalty ($500)(payable to applicant) ; Costs in favour of applicant ($1,000) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Elfeil v South Pacific Meats Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant sought $7,000 contribution towards costs - Respondent suggested costs amount that reflected substantial increase to daily…
    Result:
    Costs in favour of respondent ($4,676.96)
  • Chellp v Stretch Ceilings New Zealand Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - No employment agreement
    Result:
    Application dismissed; Costs to lie where they fall
  • Puru v Aronui Technical Training Council

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COUNTERCLAIM - PRACTICE AND PROCEDURE - Determination of preliminary issue - Respondent sought to strike out parts of applicant's affidavit on grounds it contained opinion evidence and hearsay
    Result:
    Application dismissed; Costs reserved