• Kea Petroleum Holdings Ltd v McLeod

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    PENALTY - BREACH OF CONTRACT - Applicant sought penalty for respondent's breach of settlement agreement - Respondent agreed not to disparage or speak ill of applicant - Respondent's posts on…
    Result:
    Application granted; Penalty ($2,000)(payable to Crown); Disbursements in favour of applicant ($71.56)(filing fee) ($387.50)(flights) ($80)(taxi and parking); No order for costs
  • Tulloch v Resource Development Consultants Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Application to re-open investigation – Quantum of remedies – Parties sought clarification of amount of reimbursement of lost wages to be paid to applicant following previous…
    Result:
    Application granted ; Reimbursement of lost wages (quantum to be determined) ; No order for costs
  • Bramao v Green Cabs Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement – Parties agreed respondent to pay applicant $2,397 arrears of holiday pay by instalments – Parties agreed respondent to reimburse…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Taylor v Fernwood Dairies Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – ARREARS OF WAGES – Applicant claimed unjustifiably dismissed by respondent – Applicant sought arrears of wages – COUNTERCLAIM – BREACH OF CONTRACT – Respondent sought…
    Result:
    Applications dismissed ; Costs to lie where they fall
  • Elliott v Williams&Co Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – Terms of settlement to be orders of Authority
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
    • 07 November 2014

    • [2014] NZERA Christchurch 176

  • Vice-Chancellor, University of Auckland v Tertiary Education Union

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Parties disputed whether applicant able to amend certain policy without respondent’s agreement – Whether applicant able to amend certain policy after participatory review process established by collective employment…
    Result:
    Question answered in favour of applicant ; Costs to lie where they fall
  • Burke v Employers & Manufacturers Assoc (Northern) Inc

    D Appleton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Partially successful claims – Three days investigation meeting – Respondent sought $40,000 contribution towards costs – Respondent made $20,000 Calderbank offer – Authority found respondent’s conduct not such…
    Result:
    Costs in favour of respondent ($20,000) ; Disbursements in favour of respondent ($554.40)(travel costs)($428)(accommodation costs)
  • Peters v Five Star Security 2013 Ltd

    P R Stapp [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
  • Borsboom (Labour Inspector) v Bowden t/a JP & JD Bowden Partnership

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PENALTY – Applicant sought penalty for respondents’ breach of Wages Protection Act 1983 (“WPA”) – Whether respondent charged employee (“S”) $7,000 premium for employment – Applicant also required to pay…
    Result:
    Application granted ; Penalty ($5,000)(payable to Crown) ; Costs reserved
  • Nguyen and Anor v Hue Kim Thi Ta t/a Little Saigon Restaurant

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicants claimed unjustifiably dismissed by respondent - Migrant workers - Applicants failed to wash tablecloths before going on holiday - Whether dismissed or abandoned…
    Result:
    Applications granted; Reimbursement of lost wages ($327.50)(first applicant) ($327.50)(second applicant); Compensation for humiliation etc ($6,000)(first applicant) ($8,000)(second applicant); Arrears of wages ($6,519.66)(first applicant) ($150,026.99)(second applicant); Arrears of holiday pay ($521.27)(first applicant) ($12,002.16)(second applicant); Interest (5%); Penalty ($5,000)($1,000 payable to first applicant)($4,000 payable to second applicant); Costs reserved