Search results

Results 10251-10260 of 21097

  • Dudley v Super Finance Ltd

    T MacKinnon [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Authority found applicant accepted engagement as contractor and parties had common intention regarding nature of relationship – Found control test inconclusive…
    Result:
    Application dismissed ; Costs reserved

  • The Rail and Maritime Transport Union Inc v Kiwirail Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    DISPUTE – Parties disputed whether team leader positions covered by collective employment agreement (“CEA”) – Authority found parties had not excluded team leaders from coverage of CEA and team leaders…
    Result:
    Question answered in favour of applicant ; Application partially granted (good faith – penalty) ; Costs reserved

  • Lewis v Harbour City Tow & Salvage (2003) Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Authority found although applicant stopped working at respondent, applicant told still employee and entitled…
    Result:
    Applications granted (arrears of wages and holiday pay)(penalty) ; Arrears of wages ($8,956.24) ; Arrears of holiday pay ($18,360.29) ; Interest (5%) ; Penalty ($2,500)(payable to Crown) ; Costs in favour of applicant ($1,500) ; Application dismissed (raising personal grievance)

  • Glen v Wilfred Investments Ltd

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed for unauthorised removal of funds – Authority found absence of fair process…
    Result:
    Applications granted (unjustified dismissal)(arrears of holiday pay) ; Contributory conduct (10%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($9,000) ; Arrears of holiday pay (parties to determine quantum) ; Applications dismissed (penalty)(counterclaim – recovery of monies – breach of contract)(counterclaim – penalty) ; Costs reserved

  • Belsham v Ports of Auckland Ltd

    A Fitzgibbon [Employment Relations Authority - Auckland]

    Summary:
    INJUNCTION – Applicant sought interim reinstatement – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed for refusing a lawful instruction – Authority found whether applicant instructed…
    Result:
    Application granted ; Costs reserved

  • The Pulp & Paper Industry Council of the Manufacturing and Construction Workers Union v Norske Skog Tasman Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE – Parties disputed application of respondent’s redundancy and redeployment policy (“policy”) – Parties disputed whether respondent had defined “work area” in accordance with policy – Authority found respondent had…
    Result:
    Question answered in favour of respondent ; Costs reserved

  • Wonnocott v Vulcan Steel Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Authority found applicant aware that outcome of first meeting with respondent was written warning but respondent indicated that warning…
    Result:
    Application granted ; Costs reserved

  • Bartlett v Terranova Homes and Care Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority found matter not frivolous and vexatious – Found whether Equal Pay Act 1972 applied given applicant’s pay…
    Result:
    Application granted; Costs reserved

  • Cox v Auckland Council

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    ARREARS OF WAGES – Parties disputed whether applicant entitled to additional redundancy compensation (“compensation”) - Applicant employed by district council (PDC") succeeded by respondent - Applicant claimed entitled to two…
    Result:
    Application dismissed ; No order for costs

  • Hall v Westpac New Zealand Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority found whether applicant had right to work under implied term in employment agreement (“EA”) and entitled to…
    Result:
    Application dismissed ; Costs reserved