• Gardner and Ors v Platinum Health Ltd (in liq) and Ors

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Identity of employer - Franchise agreement - First respondent announced intention not to be bound by franchise agreement - New company (C") established by franchisor to…
    Result:
    Application dismissed ; Costs reserved
  • Bailey v Fullers Group Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by final written warning - Customer unable to produce ticket proving customer paid for ticket - Customer left terminal and applicant chased her…
    Result:
    Application dismissed; Costs reserved
  • Elliott v The Chief Executive of the Department of Corrections

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Restructure - Applicant sought reinstatement - Applicant alleged dismissal due to performance and respondent biased - Performance improvement…
    Result:
    Application dismissed; Costs reserved
  • Stevenson v PJ Broughan Family Trust

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Incapacity - Applicant claimed unjustifiably dismissed by respondent - Broken ankle - Unable to do 80 per cent of job - Light duties for short periods only…
    Result:
    Application granted; Compensation for humiliation etc ($1,000); Costs in favour of applicant ($633)
  • Boskett v Kaltenstadler and Anor

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION - Whether applicant employee or independent contractor - No written agreement - Initially applicant worked on property in exchange for accommodation -- Applicant later agreed to manage resale…
    Result:
    Application dismissed; No order for costs
  • Myatt (Labour Inspector) v Zefiro Catering Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    PENALTY - Applicant sought penalty for respondent's failure to comply with improvement notice and compliance order - Previous determination ordered compliance and granted leave to return to Authority for imposition…
    Result:
    Application granted; Penalty ($8,000)(payable to Crown); No order for costs
  • Thomas v Advance International Cleaning Systems (NZ) Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent sought contribution towards costs - No evidence of legal advice sought - Respondent noted applicant's financial…
    Result:
    Costs to lie where they fall
  • Nayathodan v The Selwyn Foundation

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - RAISING PERSONAL GRIEVANCE - Whether settlement agreement between parties prevented Authority hearing matter - Whether applicant raised grievance within 90 days - Applicant claimed subjected to racial and…
    Result:
    Applications granted (jurisdiction - raising personal grievance); Application dismissed (practice and procedure); No order for costs
  • Keeling v Mexted Motors Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE - Parties disputed applicant's eligibility to commission payments during notice period not worked by applicant - Respondent decided applicant not required to work full notice period - Loss…
  • Dearsly v Encore Designer Seconds Ltd t/a Encore Fashion Recycle

    R Larmer [Employment Relations Authority - Auckland]

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