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Fitzpatrick v Eldercare Services Ltd
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent - Rumours and allegation of theft - No appearance…
- Result:
- Application granted; Reimbursement of lost wages ($4,157.16)(unjustified disadvantage)($17,072.51)(unjustified dismissal); Compensation for humiliation etc ($5,000)(unjustified disadvantage)($15,000)(unjustified dismissal); Costs reserved
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Frazer v Pan Pacific Auto Electronics Ltd
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Employment concluded in 2007 - No appearance for applicant
- Result:
- Application dismissed; Costs to lie where they fall
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Payne v Stravon Safaris Ltd
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Whether applicant knew about proposed restructure – Refusal to accept alternative position – Whether applicant indicated willingness to…
- Result:
- Applications granted (arrears of wages and holiday pay)(counterclaim – breach of contract)(counterclaim – recovery of monies) ; Arrears of wages and holiday pay (quantum to be determined) ; Damages ($18,126.39) ; Recovery of monies ($7,239.27) ; Applications dismissed (unjustified dismissal)(unjustified disadvantage)(counterclaim – penalty) ; Costs reserved
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RCG Ltd v Bercich and Anor
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- BREACH OF CONTRACT - RESTRAINT OF TRADE - Applicant sought damages for first respondent's breach of employment agreement - Whether first respondent breached obligations of good faith, fidelity, and trust…
- Result:
- Application dismissed; Costs reserved
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The New Zealand Post Primary Teachers Association v The Secretary for Education and Ors
T G Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Application for joinder of proposed third and fourth respondents – Application for stay of proceeding – Whether proceeding should be stayed while Court of Appeal heard…
- Result:
- Applications dismissed ; Costs reserved
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Agha v Greening t/a Furniture For Flats
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION - Whether applicant in employment relationship with respondent - Whether applicant offered employment by respondent - Whether alleged offerer in position to offer employment - Work in exchange for…
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X v Oceania Group (NZ) Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- COSTS - Unsuccessful personal grievance claim - One day investigation meeting - Respondent sought $3,500 contribution towards costs - Authority found no reason related to bankruptcy status of applicant not…
- Result:
- Costs in favour of respondent ($3,500)
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First Union Inc v General Distributors Ltd
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- DISPUTE - Parties disputed whether collective agreement complied with s69ZD - Whether respondent required to provide paid breaks to boners - Whether provision for rest and meal breaks…
- Result:
- Questions answered in favour of applicant; Costs reserved
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Johansen v Mormilk Farm Ltd
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably disadvantaged by warnings and unjustifiably dismissed by respondent - Poor timekeeping - Continually late to work - Unexplained…
- Result:
- Applications partially granted; Contributory conduct (50%); Reimbursement of lost wages (quantum to be determined); Compensation for humiliation etc ($500); Arrears of holiday pay ($329.80); Recovery of monies ($ 431.25); Costs reserved
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Shepherd v Community Business and Environment Centre Cooperative Society Ltd
A Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Applicant attempted unsuccessfully to speak on issue of personal interest at local Council meeting…
- Result:
- Application dismissed; Costs reserved