• Taufua and Anor v Fonterra Brands (New Zealand) Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Applicants sought interim reinstatement – Applicants dismissed after YouTube video discovered of applicants performing ‘Harlem Shake’ in work place – Collective employment agreement – Applicants alleged to have…
    Result:
    Application granted ; Costs reserved
  • Ansley v Elite Innovation Ltd

    T G Tetitaha [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant on ACC after work place accident - Applicant recorded conversation with respondent without consent - Respondent…
    Result:
    Application dismissed; Costs reserved
  • Cairns v The Trusty Delivery Company Ltd and Anor

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful arrears of holiday pay and penalty claims - Less than one day investigation meeting - Applicant sought $6,000 contribution towards costs - Respondents made unspecified Calderbank offer…
    Result:
    Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • J C Contracting (NZ) Ltd v Smart

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE - PENALTY – Applicant sought penalty for respondent’s breach of settlement agreement – Confidentiality clause - Applicant sought variation of settlement agreement
    Result:
    Application partially granted ; Penalty ($750)(payable to Crown) ; Costs reserved
  • McLeod v Te Apiti Trust

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Whether applicant’s entitlement to pay for public holidays, alternative holidays, sick leave and bereavement…
    Result:
    Application partially granted ; Arrears of wages and holiday pay ($2,971.94) ; Costs reserved
  • New Zealand Airline Pilots' Association Inc v Mount Cook Airlines Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    INJUNCTION – Applicant sought interim injunction restraining respondent from implementing new rostering system – Applicant claimed new rostering system breach of collective agreement - Whether new system would prevent…
    Result:
    Application dismissed ; Costs reserved
  • Latham v EM Contracting Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Expectation of on-going employment - No employment agreement - Applicant claimed subject to abuse - As result of…
    Result:
    Application granted; Reimbursement of lost wages ($11,830.88); Compensation for humiliation etc ($6,000); Costs in favour of applicant ($600); Disbursements in favour of applicant ($71.56)(Filing fee)
  • Nova Energy Ltd v Mitchell and Ors

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Respondents sought variation of consent orders restricting access to applicant’s briefs of evidence – First respondent’s employment with applicant ended – First respondent removed confidential and…
    Result:
    Application partially granted ; Orders made ; Costs reserved
  • Kyle v Digitech Services Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by respondent’s failure to provide employment agreement and being made to take annual leave against will – Applicant…
    Result:
    Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($2,000) ; Applications dismissed (unjustified dismissal)(good faith) ; Costs reserved
  • Asiaciti Trust New Zealand Ltd v Harris

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful restraint of trade application - One and a half day investigation meeting - Respondent sought unspecified contribution towards costs - Authority found no conduct warranting an uplift…
    Result:
    Costs in favour of respondent ($5,250)