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Results 10321-10330 of 21097

  • New Zealand Post Primary Teachers' Association and Anor v Secretary for Education and Anor

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE – Removal of matter to Employment Court (“EC”) on own motion – Authority found public interest in determination as significant number of individuals affected if resolution of…
    Result:
    Application granted ; No order for costs

  • Waaka v City Line (N.Z) Ltd t/a Valley Flyer

    M Ryan [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by respondent’s failure to follow disciplinary process in collective employment agreement (“CEA”) and unjustifiably dismissed by respondent…
    Result:
    Applications granted; Contributory conduct (50%)(unjustified dismissal); Compensation for humiliation etc ($6,000)(unjustified disadvantage)($4,000)(unjustified dismissal); Costs reserved

  • Craig v Direct Freight Ltd

    A Dumbleton [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Partially successful claims – One day investigation meeting – Applicant sought indemnity costs of $11,516 – Authority found fact legal costs nearly same amount as applicant awarded in…
    Result:
    Costs in favour of applicant ($4,500) ; Disbursements in favour of applicant ($71.56)(filing fee)

  • Steele v Barkers Park Ltd

    E Robinson [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Dismissal – GOOD FAITH - Applicant claimed unjustifiably disadvantaged as respondent’s vehicle applicant used no longer available, respondent contracted out applicant’s responsibilities without consultation…
    Result:
    Applications dismissed ; Costs reserved

  • Odisho v La Bella Italia Distributors Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether applicant employee or independent contractor – Authority found parties’ common intention applicant employee – Found respondent exercised quality control over way applicant’s work performed even though no…
    Result:
    Applications granted (jurisdiction)(arrears of wages and holiday pay)(recovery of monies); Arrears of holiday pay ($6,079.58); Arrears of wages and holiday pay ($7,141.90); Recovery of monies ($317.39); Applications dismissed (unjustified dismissal)(penalty); Costs reserved

  • Murrell v City Fitness Group Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether dismissal grievance raised within 90 days – Applicant sought leave to raise dismissal grievance out of time – Authority found dismissal grievance not raised within…
    Result:
    Application dismissed; Costs reserved

  • Harrington v Picture Vehicles Ltd formerly know as Central Freight Services Ltd & Anor

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Applicant sought that proposed second respondent (“TO”) be joined to proceedings – Authority found first respondent’s name in parties' employment agreement only intended as reference to…
    Result:
    Application granted ; Orders made ; No order for costs

  • Turner v Talleys Group Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    COSTS – Unsuccessful raising personal grievance claim – Less than one day investigation meeting - Respondent sought $3,000 contribution towards costs – Applicant claimed costs determination should be stayed as…
    Result:
    Costs in favour of respondent ($1,750)

  • Pivott & Anor v Southern Adult Literacy Inc

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    RAISING PERSONAL GRIEVANCE – Whether second applicant’s grievances raised within 90 days – Authority found second applicant’s memorandum to related organisation not sent to respondent – Found second applicant’s grievance…
    Result:
    Applications granted (unjustified disadvantage)(unjustified dismissal)(second applicant); Contributory conduct (50%)(second applicant); Compensation for humiliation etc ($7,500)(first applicant)($2,500)(second applicant); Application partially granted (raising personal grievance); Application dismissed (unjustified dismissal)(first applicant); Costs reserved

  • Stuart v Downer New Zealand Ltd

    D Appleton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent – Authority found respondent’s investigation sufficient and fair – Found not unreasonable for respondent to conclude in circumstances…
    Result:
    Applications dismissed ; Costs reserved