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Smith v Usher Group Holdings Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant claimed unjustifiably dismissed by respondent - Authority found applicant raised personal grievance relating to alleged sexual harassment within…
- Result:
- Application granted ; Costs reserved
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Goodman v Rooney Earthmoving Ltd
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found delay between accident and disciplinary meeting reasonable – Found respondent should have adjourned disciplinary meeting,…
- Result:
- Application dismissed (unjustified dismissal); Application granted (Counterclaim)(Breach of Contract); Damages ($9,310.48); Costs reserved
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Rochford v Vice-Chancellor, University of Otago
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL - Poor Performance - Applicant claimed unjustifiably dismissed by respondent - Authority found applicant did not have opportunity to comment on reviews of applicant's work - Found respondent's…
- Result:
- Application granted; Compensation for humiliation etc ($4,500); Costs reserved
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Canterbury Education Services Society Ltd v Gillam
R Larmer [Employment Relations Authority - Christchurch]
- Summary:
- JURISDICTION - Determination of preliminary matter - Respondent sought to strike out applicant's claim respondent had breached confidentiality obligations under parties' employment agreement and settlement agreements (SA") - Respondent claimed…
- Result:
- Application dismissed ; Costs reserved
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Mitchell v Eastland Group Ltd
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found applicant defaced company documents – Found applicant bullied co-workers – Found applicant’s failure to report…
- Result:
- Applications dismissed (unjustified dismissal)(counterclaim)(practice and procedure – order for breach of mediation confidentiality); Application granted (counterclaim)(practice and procedure – order for destruction of respondent’s material on applicant’s computer); Order made; Costs reserved
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Wareing v Tyco New Zealand Ltd
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Authority found respondent sufficiently investigated allegations and gave applicant reasonable opportunity to comment - Found fair and…
- Result:
- Application dismissed ; Costs reserved
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Grant v Hebberd Bus Services 2009 Ltd
D King [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed and unjustifiably disadvantaged by respondent - Authority found respondent did not carry out investigation and applicant …
- Result:
- Applications granted (unjustified dismissal, unjustified disadvantage and arrears of holiday pay); Contributory conduct (15%) ; Reimbursement of lost wages ($309.40)(unjustified disadvantage) ; Reimbursement of lost wages ($2,618)(unjustified dismissal) ; Compensation for humiliation etc ($8,500)(unjustified disadvantage and dismissal) ; Arrears of holiday pay ($2,650.24) ; Application dismissed (arrears of wages) ; Costs reserved
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Mercer-Black v Zibatsu 2006 Ltd
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- COSTS - Unsuccessful personal grievance claim - One and a half days investigation meeting - Respondent sought contribution towards costs - Respondent made $4,000 Calderbank offer - Authority found applicant's…
- Result:
- Costs in favour of respondent ($8,000)
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Vlug v Asnet Ltd
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Respondent presented restructuring proposal to employees and set out reasons for restructure – Applicant’s position affected – Applicant…
- Result:
- Application dismissed; Costs reserved
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ABC Developmental Learning Centres (NZ) Ltd v O'Meara
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- BREACH OF CONTRACT – RECOVERY OF MONIES – Applicant sought damages for respondent’s breach of return of service agreement (“ROS”) – Applicant sought recovery of wages paid to respondent during…
- Result:
- Application granted (breach of contract and recovery of monies); Damages for breach of contract and recovery of monies ($11,987.67); Application dismissed (counterclaim)(arrears of wages)