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Johnston v The Silky Oak Chocolate Company Ltd
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- COSTS – Unsuccessful personal grievance claim – Less than one day investigation meeting – Respondent sought contribution towards costs – Applicant made Calderbank offer – Authority found applicant must have…
- Result:
- Costs in favour of respondent ($2,000)
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Tohaia v Ihaia Te Mara Trust
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant abandoned employment or alternatively applicant admitted to smoking marijuana - Authority found most likely applicant…
- Result:
- Application granted ; Reimbursement of lost wages ($2,895.53) ; Costs reserved
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X v Oceania Group (NZ) Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed after being convicted of offence that could reflect or impact negatively upon…
- Result:
- Application dismissed; Costs reserved
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Rae v Stevenson Group Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
- Result:
- Consent order granted; Order accordingly; No order for costs
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Gardner v Mallowbay Holdings Ltd and Anor
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Identity of employer – Authority found applicant’s employment agreement with first respondent and wages paid by first respondent – Found applicant employed by first respondent –…
- Result:
- Application dismissed; Costs to lie where they fall
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Howes v Goldenflow Trust
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant had extensive criminal history and more likely than not applicant not truthful about criminal history…
- Result:
- Application granted (unjustified dismissal) ; Contributory conduct (100%) ; Application dismissed (health and safety) ; Costs to lie where they fall
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D'Souza v Talent Bean Ltd t/a Roasted Addiqtion Cafe
A Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed for poor performance following two warnings – Authority found applicant’s behaviour did…
- Result:
- Application granted (unjustified dismissal); Reimbursement of lost wages ($1,848); Compensation for humiliation etc ($10,000); Costs in favour of applicant ($3,500); Disbursements in favour of applicant ($71.56)(filing fee); Application dismissed (arrears of wages)
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McClellan v Matipou Orchard Ltd
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- CONSENT ORDER - Parties reached agreement on terms of settlement - 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
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Peterson v Three Ten Dairies Ltd
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent – Authority found respondent did not fully and properly consult with applicant about possibility could be dismissed if did…
- Result:
- Application granted (unjustified dismissal) ; Compensation for humiliation etc ($5,000) ; Applications dismissed (good faith, penalty and counterclaim – recovery of monies) ; Costs reserved
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Gazeley v Oceania Group (NZ) Ltd
A Dumbleton [Employment Relations Authority - Christchurch]
- Summary:
- RAISING PERSONAL GRIEVANCE - UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by suspension – Authority found applicant raised unjustified disadvantage grievance within 90 day period – Respondent operated residential care…
- Result:
- Application granted (raising personal grievance) ; Applications dismissed (unjustified disadvantage, unjustified dismissal and penalty) ; Costs reserved