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Ross v Lazer Tech 2005 Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent - Authority found although parties’ EA stated employment casual, relationship became permanent and applicant not casual employee when…
- Result:
- Applications granted (unjustified dismissal and recovery of monies) ; Reimbursement of lost wages ($18,275.30) ; Interest (5%) ; Compensation for humiliation etc ($6,000) ; Recovery of monies ($449) ; Application dismissed (arrears of holiday pay) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)
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Furgo PMS Pty Ltd & Pavement Services Ltd v Tinkler
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Removal of Compliance Order to Employment Court - Length of investigation meeting not specified - Applicant sought $906 contribution towards costs - Authority found applicant's consent to Removal…
- Result:
- Costs in favour of applicant ($900); Disbursements in favour of applicant ($153.33)(filing fee)
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McClung v Fencing Worx (BOP) Ltd
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed and disadvantaged by respondent’s actions – Authority found fair and reasonable employer would have commenced disciplinary process and…
- Result:
- Application granted (unjustified dismissal) ; Contributory conduct (33%) ; Reimbursement of lost wages ($2,232) ; Compensation for humiliation etc ($4,000) ; Applications dismissed (unjustified disadvantage, raising personal grievance and arrears of wages) ; Costs reserved
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Lloyd v AV Services (1994) Ltd
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- PRACTICE AND PROCEDURE – Application for adjournment – Applicant sought adjournment on basis respondent had presented large number of documents at investigation meeting without opportunity for applicant to view documents…
- Result:
- Application granted; Orders made; Costs in favour of applicant ($700); Disbursements in favour of applicant ($1,193.30)(travel and accommodation)
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McDonald v Lakes District Museum Inc
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE – Whether accord and satisfaction – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed parties had settled all issues and applicant estopped from pursuing personal grievance…
- Result:
- Application granted ; Costs reserved
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Hemara v Director General Department of Conservation
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s failure to offer applicant work and attempt to reduce applicant’s work hours – Applicant claimed…
- Result:
- Applications granted; Reimbursement of lost wages (parties to determine quantum)(unjustified disadvantage); Compensation for humiliation etc ($3,000) (unjustified disadvantage and unjustified dismissal); Costs reserved
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Malone v The Farmers Trading Company Ltd
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent and respondent breached good faith obligations – Authority found respondent acted as reasonable employer and in timely manner when…
- Result:
- Application dismissed ; Costs reserved
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Costain v The Warehouse Ltd
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondents actions - Authority found respondent unjustifiably disadvantaged applicant by threatening performance review - REMEDIES - No contributory conduct - $5,000 compensation…
- Result:
- Application granted (unjustified disadvantage); Compensation for humiliation etc ($5,000); Application dismissed (unjustified dismissal); Costs reserved
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Tan v Morningstar Institute of Education Ltd t/a Morningstar Preschool
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant dismissed – Found respondent attempted to consult with applicant but applicant mistakenly believed employment already…
- Result:
- Applications dismissed ; Costs reserved
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Chang v Welldone Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION – Whether applicant employee or volunteer – Authority found applicant engaged as volunteer initially – Found applicant became employee under employment agreement signed by wife of respondent’s director –…
- Result:
- Applications granted; Arrears of wages ($4,120); Arrears of holiday pay ($329.60); Interest payable (5%); Costs reserved