• Home Improvements (2003) Co Ltd v McLaughlin

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement (“SA”) – Compliance order made by Authority previously regarding instalments overdue at time of previous Authority investigation meeting – Remaining…
    Result:
    Application granted ; Compliance ordered ; No order for costs
  • Mica Developments Ltd v Wang (Labour Inspector)

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Applicant objected to respondent’s improvement notice requiring applicant to pay sick pay to former employee (“S”) – Whether S took sick leave with no intention of…
    Result:
    Application dismissed ; Costs reserved
  • Stephens v Meja Ltd previously known as The Fish N Chip Shop (Palmerston) Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by two written warnings and unjustifiably dismissed by respondent – Whether applicant late, used cell phone at…
    Result:
    Applications granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($4,080) ; Compensation for humiliation etc ($6,400) ; Compensation for loss of benefit ($217.90)(KiwiSaver) ; Costs reserved
  • Reid, Labour Inspector v Rose Investments Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with Demand Notice – Arrears of holiday pay – PENALTY – Applicant sought penalty for respondent’s failure to pay arrears of holiday pay –…
    Result:
    Application granted (compliance order) ; Compliance ordered ; Interest (5%) ; Application dismissed (penalty) ; Costs in favour of applicant ($250) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Kiwa and Ors v Phil's Place Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for non-publication of identity of individual involved with respondent (“R”) – Whether media attention would have negative impact on R’s business and ability to move…
    Result:
    Application dismissed ; No order for costs
  • Collier v Tama Rakau Logging Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Successful personal grievance claim – One day investigation meeting – Applicant sought $5,115 contribution towards costs – Authority found not fair and equitable for applicant to be awarded…
    Result:
    Costs in favour of applicant ($2,500) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Morris v Christchurch Polytechnic Institute of Technology

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether applicant person intending to work – Unilateral withdrawal of offer of employment
    Result:
    Application dismissed ; Costs reserved
  • Cunliffe v Warkworth Golf Club Inc

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant offered new position after restructure - Whether parties employment agreement (EA") required applicant work weekends -…
    Result:
    Applications dismissed; Costs reserved
  • Patel v OCS Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance and arrears of wages claim - One day investigation meeting - Respondent sought $14,500 contribution towards costs - Respondent made calderbank offer - Applicant…
    Result:
    Costs in favour of respondent ($10,250); Disbursements in favour of respondent ($19.45)(courier)
  • The New Zealand Public Service Association v The Commissioner of Inland Revenue

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Parties disputed interpretation and application of agreed formal review process for employees not agreeing with outcome of annual remuneration review – Whether link between performance and remuneration only…
    Result:
    Questions answered in favour of respondent ; Costs reserved