• Sidal v Aspire Inc

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably disadvantaged by requirement to take sick leave and unjustifiably dismissed by respondent - Applicant claimed verbally abused by…
    Result:
    Applications dismissed ; Costs reserved
  • Duncan v Torchlight Investment Group Ltd and Anor

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages – Whether applicant entitled to redundancy payments and bonus – Whether agreement applicant would receive bonus from second respondent – Applicant…
    Result:
    Application granted (penalty) ; Penalty ($2,000)(payable to applicant) ; Interest (5%)(holiday pay) ; Application dismissed (arrears of wages) ; Costs reserved
  • Austin v Yoobee Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application to reopen investigation – Applicant sought to file further submissions following release of Authority determination
    Result:
    Application dismissed ; Costs reserved
  • Myatt (Labour Inspector) v Community Medical Centre Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought respondents compliance with improvement notice - Applicant formed view respondent several weeks behind on paying staff - Respondent claimed cashflow crisis - No appearance…
    Result:
    Application granted; Compliance ordered; No order for costs
  • Finlay v Blackwoods Bakeries Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Applicant sought compliance with previous Authority determinations;PRACTICE AND PROCEDURE - Authority sought to re-open investigation of own motion
    Result:
    Application granted (practice and procedure); Orders made; Application dismissed (compliance order); No order for costs
  • Desai v Tech Mahindra Ltd

    J Crichton [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES – Applicant sought arrears of wages – Whether applicant owed commission – Whether applicant told not to seek clients – Respondent’s sales incentive plan under review during…
    Result:
    Application dismissed ; Costs reserved
  • Ward v Soper t/a Sophisticutz

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Quantum of remedies – Authority previously found applicant owed arrears of holiday pay – Parties required to determine amount – Applicant requested gross amount be…
    Result:
    Application partially granted ; Orders made ; Quantum specified ; Arrears of holiday pay ($2,111.31) ; No order for costs
  • Mohammed and Anor v Pacific Rose Motel Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicants in employment relationship with respondent – Whether Authority had jurisdiction to consider applicants’ claim for repayment of loan advanced to respondent – First applicant engaged second…
    Result:
    Application granted (jurisdiction – first applicant) ; Applications dismissed (jurisdiction – second applicant)(jurisdiction – repayment of loan advance)(arrears of wages) ; Costs to lie where they fall
  • Buffini v NZ Tax Returns Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with previous Authority determinations – COSTS – Applicant sought contribution towards costs – No appearance for respondent
    Result:
    Application granted; Compliance ordered ; Costs and disbursements in favour of applicant ($575)
  • Fuifui v Pinepac Group Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER - Parties reached agreement on costs - Applicant to pay respondent $3,500 contribution towards costs - Terms of settlement to be orders of Authority
    Result:
    Consent order granted; Orders accordingly; Costs in favour of respondent ($3,500)