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Clapham v Alexander & Co Ltd
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed on ground of redundancy – Authority found predominant reason for dismissal respondent’s anxiety…
- Result:
- Application granted; Reimbursement of lost wages (parties to determine quantum); Compensation for humiliation etc ($12,000); Disbursements in favour of applicant ($71.56)(filing fee); Costs reserved
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Crisp v PMP Print Ltd
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant justifiably dismissed on ground of redundancy – Authority found night shift positions different from day…
- Result:
- Application granted; Compensation for humiliation etc ($5,000); Costs reserved
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Vallance v Nelson Brak Services Ltd
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- JURISDICTION – Whether applicant employee or independent contractor – Authority found respondent had no idea purporting to change nature of contractor arrangement between parties and mistaken execution of two completely…
- Result:
- Application dismissed; Costs reserved
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Hillary v NZ Shopping.com Company Ltd
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – Authority found applicant did not resign – Found alternatively, if applicant resigned during incident respondent expected to allow…
- Result:
- Applications granted ; Reimbursement of lost wages ($5,107.12) ; Compensation for humiliation etc ($8,000) ; Arrears of wages and holiday pay ($3,114.30) ; Costs reserved
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Cox v Silver Ferns Farms Ltd
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance - Half day investigation meeting - Respondent sought $4,000 contribution towards costs - Respondent made Calderbank offer - Respondent claimed costs should be increased as…
- Result:
- Costs in favour of respondent ($2,000)
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Thompson v Advanced Training Academy Ltd
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s actions and unjustifiably dismissed by respondent – Authority found respondent’s managing director’s (“H”) failure to…
- Result:
- Application granted (arrears of wages); Arrears of wages ($1,949.60); Applications dismissed (unjustified dismissal)(unjustified disadvantage); Costs reserved
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Taylor v Clear Investments Ltd
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent - Authority found applicant’s lack of set hours, irregularity of hours worked, content of employment agreement…
- Result:
- Application granted ; Compensation for humiliation etc ($2,000) ; Costs reserved
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Savage v Tui Campers Ltd
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably disadvantaged by respondent’s response to applicant’s complaint and constructively dismissed by respondent - Authority found applicant only raised one…
- Result:
- Application dismissed ; Costs reserved
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McClintock v Allied Investments Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- COSTS - Unsuccessful personal grievance and unsuccessful counterclaim - Length of investigation meeting not specified - Respondent sought $13,367 contribution towards costs - Applicant claimed respondent should incur costs involved…
- Result:
- Costs in favour of respondent ($2,700)
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Darroch Ltd v Chisnall
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- BREACH OF CONTRACT – Applicant sought damages for respondent’s breach of employment agreement (“EA”) – Authority found files taken by respondent contained proprietary information and provision in EA that respondent…
- Result:
- Application granted (penalty); Penalty $3,000 (payable to applicant); Application dismissed (breach of contract); Costs reserved