• O'Connor v Auckland University Students Association Inc

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent split into five trusts - Company (B") owned by one trust ("S") - Extra duties assumed…
    Result:
    Application dismissed ; Costs reserved
  • Fuifui v Pinepac Group Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant had arrangement that colleague (‘V’) would drive applicant to and from work – V failed to…
    Result:
    Application dismissed ; Costs reserved
  • Mahoney v Aotearoa Tourism Management Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether applicant in employment relationship with respondent – Applicant 25 per cent shareholder in respondent – Applicant drafted shareholder agreement – Shareholder agreement not signed – Shareholders agreed…
    Result:
    Application dismissed ; Costs reserved
  • Paki v The Warehouse Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Application to reopen investigation - Fresh evidence
    Result:
    Application dismissed; Costs reserved
  • Richmond Services Ltd v Bracewell

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Application for injunctive relief granted
    Result:
    Application granted ; Orders made ; Costs reserved
  • Timberlake v Auckland Ring Co Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – Terms of settlement to be orders of Authority – Order prohibiting publication of terms of settlement
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Tints New Zealand Ltd t/a Tint Guard v Poole and Ors

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    RESTRAINT OF TRADE – BREACH OF CONTRACT – INJUNCTION – Applicant sought damages for first and second respondents’ breach of restraint of trade provision (“ROT”) in employment agreement and injunction…
    Result:
    Application partially granted (good faith) ; Orders made ; Applications dismissed (restraint of trade)(breach of contract)(injunction) ; Costs reserved
  • Hay v B & A Ltd t/a 'Gather Bar and Cafe'

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES - Applicant sought arrears of wages - No employment agreement -No appearance for respondent
    Result:
    Application granted; Arrears of wages ($4,145.81); No order for costs; Disbursements in favour of applicant ($71.56)(filing fee)
  • Calder v New Zealand Professional Fishing Guides Association Inc

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – No employment agreement – Whether applicant’s e-mails seeking payment constituted invoices – Applicant paid own tax – Whether business cards and…
    Result:
    Application granted ; Costs reserved
  • Cottrell v the Nelson Society for the Protection of Cruelty to Animals Inc

    R Larmer [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably disadvantaged by rent increase of on-site accommodation and unjustifiably dismissed by respondent - Applicant carried out multiple roles…
    Result:
    Applications dismissed; Costs reserved