• Abbot v Alles Verlore Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Determination of preliminary issue - Whether arrears claim brought within six year limitation period - Applicant sought arrears for 8 year period - ARREARS OF HOLIDAY…
    Result:
    Application granted (practice and procedure); Application dismissed (arrears of wages); No order for costs
  • Kim (Labour Inspector) v Three Doves Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PENALTY - Applicant sought penalty for respondent's failure to comply with request to provide employment agreements, failure to provide employment agreement and failure to retain copy of employment agreement -…
    Result:
    Application granted ; Penalty ($3,500)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Thompson v Genesis Communications Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES - Applicant sought arrears of wages - Sales commission - Network connection fees - Dispute about whether commission calculation based on gross or net sales and whether…
    Result:
    Application granted; Arrears of wages ($10,251.24); Interest (5%); Costs reserved
  • Phillips v Juken New Zealand Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Restructure - Warehouse manager
    Result:
    Application granted; Costs reserved
  • Shepherd v Logistics & Transport Recruitment Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION: Applicant claimed issues relating to ACC payments
    Result:
    Application dismissed; No order for costs
  • Cantwell v Cacao Ltd t/a Teobroma Chocolate Lounge

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement (“SA”) – Respondent required by SA to pay $3,000 to applicant’s representative by instalments – PENALTY – Applicant sought penalty…
    Result:
    Application granted (compliance order) ; Compliance ordered ; Costs in favour of applicant ($300) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Application dismissed (penalty)
  • Eardly v Conqueror International Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE: Determination of preliminary issue - Transfer of proceedings - Respondent sought transfer of proceedings from Auckland to Christchurch office - Sales manager
    Result:
    Application granted; Costs reserved
  • Newall v Prestage

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PENALTY - Applicant sought penalty for respondent inciting, instigating, aiding or abetting employer's (F") breaches of employment agreement ("EA") - Respondent chief executive, sole director and shareholder of F -…
    Result:
    Application granted ; Penalty ($30,000)(payable to applicant) ; Costs reserved
  • Crookes v Phoenix Rose Ltd

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Whether applicant casual employee - Applicant notified over text applicant no longer needed due to quiet business -…
    Result:
    Application granted; Reimbursement of lost wages ($864); Compensation for humiliation etc ($3,000) ; Arrears of wages and holiday pay ($6,141.69); Disbursements in favour of applicant ($71,56); No order for costs
  • A v The Company

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and respondent conducting disciplinary process at same time as Police criminal investigation - Applicant claimed…
    Result:
    Applications granted ; Reinstatement ordered ; Compensation for humiliation etc ($2,000) ; Costs reserved