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Drew v Pact Group
C Hickey [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent entitled to prefer evidence of applicant’s supervisor that would not have commenced investigation into…
- Result:
- Applications dismissed ; Costs reserved
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Gostmann v Independent Refridgeration and Electrical Ltd
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant substantively justifiably dismissed for poor performance – Authority found applicant not subjected to graduated…
- Result:
- Application granted (unjustified dismissal) ; Compensation for humiliation etc ($5,000) ; Contributory conduct (50%) ; Reimbursement of lost wages ($5,304) ; Applications dismissed (penalty – good faith)(counterclaim – breach of contract) ; Costs reserved
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Valensky v Idea Services Ltd
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Personal grievance claim withdrawn by applicant - No investigation meeting – Application by respondent to vary costs order – Respondent claimed no opportunity to view applicant’s submissions…
- Result:
- Application dismissed; No order for costs
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Murphy v Mitech Ltd
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by respondent’s refusal to provide applicant company vehicle or allow applicant to return to work following accident…
- Result:
- Application granted (counterclaim - recovery of monies); Recovery of monies ($500); Applications dismissed (unjustified disadvantage)(unjustified dismissal); Costs reserved
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Minister of Education v Guthrie
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- COSTS – Withdrawn personal grievance claim – No investigation meeting - Respondent sought $4,950 contribution towards costs - Authority found appropriate to reimburse respondent a portion of legal costs incurred…
- Result:
- Costs in favour of respondent ($500)
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Mokomoko and Anor v La Famia Foundation NZ and Anor
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE – Authority considered reopening investigation on own motion on limited basis to consider whether further arrears of wages were owing to applicants
- Result:
- Orders made; Arrears of wages($3269.24)(first applicant)($2615.42)(second applicant); No order for costs
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Long v Green t/a Petmart
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Authority found applicant ended employment when applicant elected to be put on notice – No dismissal -…
- Result:
- Application dismissed ; Costs to lie where they fall
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Vallance v Nelson Brake Services Ltd
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- COSTS – Unsuccessful personal grievance claim – Length of investigation meeting not specified - Respondent sought $4,100 contribution towards costs - Authority found applicant’s behaviour materially contributed to respondent’s costs…
- Result:
- Costs in favour of respondent ($4,100.33)
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Dunn v Waitemata District Health Board
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Authority found grievance not raised by letter as open to applicant to make further submissions, letter set pre-conditions to…
- Result:
- Application dismissed ; Costs reserved
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Watson v UGL (NZ) Ltd
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Partially successful personal grievance claim – One and a half days investigation meeting - Applicant sought $4,473 indemnity costs – Authority found no evidence costs related to proceedings…
- Result:
- No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)