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Farmer's Transport Ltd v R Hislop and Ors
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- INJUNCTION - RESTRAINT OF TRADE – Applicant sought interim injunction restraining first respondent (H") from breaching parties’ restraint of trade - Authority found balance of convenience favoured applicant due to…
- Result:
- Application granted ; Costs reserved
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Retire v Southern Paprika Ltd
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by respondent’s decision to warn applicant and unjustifiably dismissed by respondent – Authority found respondent not able…
- Result:
- Applications granted; Reinstatement ordered; Contributory conduct (one twelfth – reimbursement of lost wages)(10 per cent – compensation for humiliation etc); Reimbursement of lost wages (parties to determine quantum); Compensation for humiliation etc ($4,500); Costs in favour of applicant ($3,500); Disbursements in favour of applicant ($71.56)(filing fee)
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Rian v Martin Personnel Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF WAGES – Applicant sought arrears of wages – Authority found applicant entitled to bonus payment – Found respondent’s deduction from bonus payment unlawful under Wages Protection Act 1983…
- Result:
- Application granted; Arrears of wages ($2,500); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs
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Dewar v Programmed Maintenance Services (NZ) Ltd
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Poor performance - Applicant claimed unjustifiably dismissed by respondent - Authority found inadequate performance management over targets by respondent - Found concerns over inadequate safety measures not…
- Result:
- Application granted; Reimbursement of lost wages (parties to determine quantum); Compensation for humiliation etc ($5,000); Compensation for loss of benefit (Kiwisaver and health insurance)(parties to determine quantum)(Company car and petrol card)($4,000); Costs reserved
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Martin v Easy Mind Waikato Ltd
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- COMPLIANCE ORDER – Respondent sought compliance with costs agreement – Authority found sufficient evidence of agreement between applicant and respondent that applicant to pay respondent $1,250 contribution towards costs –…
- Result:
- Application granted; Compliance ordered; No order for costs
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Simpson v Tenix Alliance New Zealand Ltd
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- DISPUTE – Interpretation of parties’ employment agreement (“IEA”) – Applicant claimed respondent attempted to assign applicant to new position (“X”) in breach of parties’ IEA - Authority found applicant current…
- Result:
- Application granted ; Costs to lie where they fall
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Hynes v The Home Centre Ltd t/a Marlborough Mite 10 Mega
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Authority found applicant's redundancy genuine -Consultation process adequate - Applicant chose not to participate in consultation and sought…
- Result:
- Application dismissed; Costs reserved
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Green v Enviro Waste Services Ltd
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Authority found respondent’s decision to restructure genuine business decision – Found no substantially similar positions for respondent to…
- Result:
- Application dismissed; Costs reserved
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Irvine v Wallace & Cooper Ltd
A Dumbleton [Employment Relations Authority - Christchurch]
- Summary:
- COSTS - Successful personal grievance claim - Length of investigation meeting not specified - Parties agreed by joint memorandum to fixed costs of $7,000 to be paid to applicant -…
- Result:
- Costs in favour of applicant ($7,000)
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Phoenix Cabs 2006 Ltd v Artho
D King [Employment Relations Authority - Auckland]
- Summary:
- BREACH OF CONTRACT – Applicant sought damages for respondent’s failure to exercise reasonable skill and care – Authority found respondent breached employment agreement by failing to exercise reasonable skill and…
- Result:
- Application granted; Damages ($11,225.13); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs