• Mobile Vehicle Tuning & Servicing (2005) Ltd v Daniels

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    RESTRAINT OF TRADE – INJUNCTION – BREACH OF CONTRACT – PENALTY – Applicant sought injunction restraining respondent from further breaches of non-competition and confidentiality clauses in respondent’s employment agreement, and…
    Result:
    Applications dismissed ; No order for costs
  • Kalicheti v Armourguard Security Ltd

    T MacKinnon [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Applicant signed contract for services through company (“Target”) – Applicant sole director and shareholder of Target – Contract explicit relationship one…
    Result:
    Application dismissed ; Costs reserved
  • Asia-Pacific Football Academy Ltd v Allen

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Respondent to make public statement by way of reparation to applicant - Terms of settlement to…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • MacKenzie v Quick Express Logistics Ltd

    C Hickey [Employment Relations Authority - Christchurch]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s…
    Result:
    Applications granted ; Arrears of wages ($1,458) ; Arrears of holiday pay ($174.96) ; Reimbursement of lost wages ($5,265) ; Compensation for humiliation etc ($2,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
  • Reynolds v Mount Cook Airline Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by disciplinary process and unjustifiably dismissed by respondent – Applicant arranged travel tickets for casual crew member…
    Result:
    Applications dismissed ; Costs reserved
  • Pridmore v Go Bus Transport Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance claim - One day investigation meeting - Respondent sought $3,500 contribution towards costs - Authority found costs award at notional daily rate appropriate - Applicant…
    Result:
    Costs in favour of respondent ($3,500)
  • Wickman v Peter Small as executor of the estate of Henry Lester Small and Anor

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant in employment relationship with respondents – Henry Small (“Small Snr”) owned dairy farm – Applicant employed by Small Snr over 20 years prior to Small Snr’s…
    Result:
    Application dismissed ; Costs reserved
  • Smith v Kereru Investments Ltd

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay - Salary often underpaid or not paid at all – No payment in lieu of…
    Result:
    Applications granted ; Arrears of wages ($13,416.52) ; Arrears of holiday pay ($3,239.36) ; Interest (5%) ; Reimbursement of lost wages ($11,748.62) ; Compensation for humiliation etc ($7,000) ; Penalty ($1,500)(payable to applicant); Costs in favour of applicant ($1,000)
  • Kennington v Canterbury Sailplanes Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – Applicant part owner of respondent with wife and father-in-law – Applicant and wife separated – Applicant wished to…
    Result:
    Application dismissed ; Costs reserved
  • Mrs X v An Employer

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION – Applicant sought interim reinstatement – Fixed-term contract – Applicant suffered stress associated with relief teaching role – Respondent coordinated and funded counselling sessions for applicant – Applicant appointed…
    Result:
    Application granted ; Costs reserved