• Nova Energy Ltd v Mitchell and Ors

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    RESTRAINT OF TRADE - Applicant claimed first respondent (respondent") breached restraint of trade provision in exit agreement - Respondent used applicant's confidential information for own benefit and benefit of…
    Result:
    Applications partially granted; Damages (quantum to be determined); Penalty (first respondent)(quantum to be determined) (second respondent)(quantum to be determined); No order for costs
  • The Hibernian Catholic Benefit Society v Hagai

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Respondent transferred $574,000 from applicant's bank account to own accounts - Respondent pleaded guilty to charges in District Court - By consent respondent ordered to repay money…
    Result:
    Application granted; Consent order granted; Interest (5%); Costs in favour of applicant ($2,000); Disbursements in favour of applicant ($71.56)(filing fee)
  • Papera v Supercare Wellington Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Applicant's employment transferred to respondent under Part 6A Employment Relations Act 2000 (Part 6A")…
    Result:
    Application dismissed ; Costs reserved
  • Hogeboom Van Buggenum v Quality Firewood Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance claim - Less than one day investigation meeting - Applicant sought $1,875 indemnity costs - Authority noted parties reached agreement on reimbursement of lost wages…
    Result:
    Costs in favour of applicant ($1,500)
  • Lowe v Bailey Tanks Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Previous discussion about infringement notice for speeding - 10,000 litre tank fell of back of applicant's truck…
    Result:
    Application granted ; Contributory conduct (40%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($4,200) ; Costs reserved
  • Harris v White Cliffs Forests Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Applicant employed as casual employee - When applicant became permanent employee - Respondent paid…
    Result:
    Application granted ; Arrears of wages (quantum to be determined) ; Orders made ; Costs reserved
  • Stages Civil and Electrical Ltd v Cooksley

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    RECOVERY OF MONIES - Applicant sought recovery of wages overpaid to respondent -Erroneous overpayment of wages - Request for reimbursement - Applicant retained wages owed to respondent - No appearance…
    Result:
    Application granted ; Recovery of monies ($9,716.14) ; Orders made ; No order for costs
  • Seaman v Simply Security Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES - Applicant sought arrears of wages - Deduction from applicant's wages for first aid training costs - Applicant signed casual employment agreement (EA") - Applicant subsequently offered…
    Result:
    Application granted (arrears of wages) ; Arrears of wages ($273) ; Applications dismissed (unjustified disadvantage)(penalty)(counterclaim - breach of contract) ; Costs to lie where they fall
  • Cooper v Resene Santano Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Whether applicant left work early without authorisation - Whether applicant disobeyed instruction not to wear facial jewellery…
    Result:
    Application dismissed ; Costs reserved
  • Wijesingha v Colos and Anor

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with parties' settlement agreement - Partial payment made - Respondent claimed non-payment of outstanding amount due to poor financial situation
    Result:
    Application granted; Compliance ordered; Costs reserved