• Yang and Anor v Tan

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    RECOVERY OF MONIES – Applicants claimed paid respondent $7,000 premium to secure employment for applicants’ daughter (“L”) – Authority found no evidence to suggest receipt issued to applicants anything but…
    Result:
    Applications granted ; Recovery of monies ($7,000) ; Penalty ($3,500)(payable to applicants) ; Costs reserved
  • Lim v Regional Tiling Ltd

    M Ryan [Employment Relations Authority - Wellington]

    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
  • Work Opportunities Trust v Fitzpatrick

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    PENALTY – Applicant sought penalty for respondent’s breach of settlement agreement (SA") - Whether respondent undermined applicant's clients, staff or general business - Respondent accused of making negative comments about…
    Result:
    Applications granted (penalty)(compliance order) ; Penalty ($1,500)(payable to applicant) ; Compliance ordered ; Application dismissed (breach of contract) ; Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Belsham v Ports of Auckland Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance claim - One day investigation meeting - Respondent sought $3,500 contribution towards costs - Authority found no reason advanced by applicant seeking adjustment of notional…
    Result:
    Costs in favour of respondent ($3,500)
  • Adam v Caldwell & Levesque Electrical Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant sought damages for respondent’s breach of oral contract – Whether respondent gave assurance about applicant’s future prospects – DISPUTE – Parties disputed whether respondent could…
    Result:
    Applications dismissed ; Question answered in favour of respondent ; No order for costs
  • Hassan v Hamilton Taxi Society Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant warned for dealing with information relating to respondent’s director inappropriately – Second warning for opening respondent’s…
    Result:
    Application granted (unjustified dismissal) ; Reimbursement of lost wages ($11,245) ; Compensation for humiliation etc ($5,000) ; Application dismissed (counterclaim – penalty) ; Costs reserved
  • Hira v Barfoote Holdings Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by suspension and withholding of final pay – Applicant claimed unjustifiably dismissed by respondent – Whether applicant…
    Result:
    Applications granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($5,500) ; Costs reserved
  • Menzies v Safari Group Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance claim - Less than one day investigation meeting - Applicant sought $3,500 contribution towards costs - Authority found applicant entitled to seek legal assistance and…
    Result:
    Costs in favour of applicant ($2,000) ; Disbursements in favour of applicant ($71.56)(filing fee)
  • Bradford v Earth Crest Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Applicant required to be employee as undischarged from no asset procedure – Applicant lived onsite – Whether PAYE deducted – PAYE…
    Result:
    Application granted ; Costs reserved
  • Atkinson v Coverall Cleaning Concepts New Zealand Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Successful personal grievance claim - Length of investigation meeting not specified - Applicant sought indemnity costs of $2,846 - Authority found in previous decision applicant entitled to indemnity…
    Result:
    Costs in favour of applicant ($2,846.25)