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Results 10221-10230 of 21097

  • Allan v Mobile Shop Ltd and Anor

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Identity of employer – Authority found applicant entered into two separate employment relationships with respondents which ran concurrently until applicant dismissed – UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED…
    Result:
    Applications granted (practice and procedure, unjustified dismissal, bargaining, unjustified disadvantage and good faith) ; Compensation for humiliation etc ($1,500)(unjustified disadvantage) ; Compensation for humiliation etc ($6,000)(unjustified dismissal) ; Reimbursement of lost wages (parties to determine quantum) ; Interest (5%) ; Compensation for loss of benefit ($1,000)(vehicle) ; Compensation for loss of benefit ($150)(reimbursement of fuel costs) ; Applications dismissed (penalty and arrears of wages) ; Costs reserved

  • The Auckland Gas Company Ltd and Anor v Mitchell and Ors

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Determination of preliminary matter – Applicants sought orders requiring respondents to produce documents by way of further particular discovery – Authority found respondents’ opposition to orders…
    Result:
    Applications granted ; Orders made ; Costs reserved

  • Maritime Union of New Zealand v Ports of Auckland Ltd

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Matter concerned whether respondent breached good faith obligations by dealing with alternative union without consulting applicant – Authority…
    Result:
    Application granted; Costs to lie where they fall

  • Goddard v Bakker t/a The Cabbage Tree Cafe Restaurant and Bar

    K J Anderson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Abandonment - Applicant claimed unjustifiably dismissed by respondent – Authority found more probable applicant was not dismissed on day respondent manager raised issues with applicant – Found…
    Result:
    Application granted ; Contributory conduct (100%) ; Costs to lie where they fall

  • Clouston and Anor v Cross Roads Christian Community Trust Inc t/a Te Nikau Training Centre

    T MacKinnon [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

  • Price v The Chief Executive of the Ministry of Social Development

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – PENALTY – Applicant claimed respondent breached clauses 1, 3 and 5 of parties’ record of settlement (“RS”) by making final payments late, disclosing to prospective employer applicant…
    Result:
    Applications dismissed; Interest (5%); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs

  • The Estate of James Thomas Farley v Cactus Security (Taranaki) Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PENALTY – Applicant sought penalty for respondent’s breach of parties’ settlement agreement (“SA”) – Authority found payment required under SA not made on time – Found respondent provided explanation for…
    Result:
    Applications dismissed ; Interest (5%) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs to lie where they fall

  • Design Engineering (SI) Ltd v Kearins

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    RESTRAINT OF TRADE – Applicant sought damages for respondent’s breach of restraint of trade (“ROT”) – Authority found previously duration of non-solicitation clause in parties’ employment agreement (“EA”) unreasonable –…
    Result:
    Application granted ; Orders made ; Damages ($13,169.23) ; Interest (5%) ; Costs reserved

  • Cook v Allied Investments Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Authority found trial period provision in applicant’s employment agreement did not make clear applicant could not take personal…
    Result:
    Application granted; Contributory conduct (100%); Costs reserved

  • Jarvis-Hall v Waikato Community Hospice Trust t/a Hospice Waikato

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    COSTS – Unsuccessful injunction claim, successful personal grievance claim and successful recovery of monies counterclaim – Less than one day investigation meeting for injunction claim - Length of investigation meeting…
    Result:
    Costs in favour of applicant ($6,157.88) ; Costs in favour of respondent ($4,000)