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Results 10781-10790 of 21097

  • Bourke v Kohler New Zealand Ltd

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed and unjustifiably disadvantaged by respondent’s actions – Respondent claimed applicant resigned – Authority noted delay in issuing determination due to…
    Result:
    Application dismissed ; Costs reserved

  • Drader v Chief Executive of The Ministry of Social Development

    J Crichton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Order prohibiting publication of names of respondent clients or any other identifying particulars – Applicant told client…
    Result:
    Applications dismissed ; Costs reserved

  • Mathys v Bolton & Anor

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Farm manager (“C”) claimed applicant broke cow’s tail – Applicant denied allegations – Respondent sought vet’s opinion…
    Result:
    Application granted; Contributory conduct (30%); Reimbursement of lost wages ($4,707.50); Compensation for humiliation etc ($2,100); Costs reserved

  • Davidson v Rittson-Thomas t/a Totara Hills

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent - Authority found restructuring genuine and no ulterior motive – Found applicant not consulted on whether applicant or other…
    Result:
    Applications granted (Unjustified dismissal)(Arrears of wages); $4,000 compensation for humiliation etc; Arrears of wages (quantum to be determined); Applications dismissed (Arrears of holiday pay)(Counterclaim)(Breach of contract); Costs reserved

  • Shaw v Schering-Plough Animal Health New Zealand Ltd

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL – Constructive Dismissal – UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably dismissed by respondent – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Order prohibiting publication of applicant’s personal…
    Result:
    Applications dismissed; Costs reserved

  • Turek v Flanagans Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Respondent claimed applicant independent contractor – Respondent claimed applicant paid more than respondent’s managers as expectation applicant responsible for own tax, ACC…
    Result:
    Application granted; Arrears of wages ($3,190.50); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs

    • 26 April 2012

    • [2012] NZERA Wellington 47

  • Ten Hoorn Boer v Reid Research Services Ltd

    R Larmer [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed dismissed applicant as told by Immigration New Zealand (“INZ”) applicant not legally entitled to work –…
    Result:
    Applications granted(unjustified dismissal and arrears of wages) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($10,000) ; Arrears of wages($10) ; Application dismissed(penalty) ; Costs reserved

  • NZ Amagamated Engineering, Printing & Manufacturing Union Inc v Clough Agriculture Ltd

    M B Loftus [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE – Interpretation of parties’ collective employment agreement (“CEA”) – Parties disputed KiwiSaver contributions respondent required to pay employees – Applicant claimed contributions should be at level stated in CEA…
    Result:
    Question answered in favour of applicant ; Costs reserved

  • Symons v Wise.Net Trading Trust

    E Robinson [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Respondent claimed parent company in financial difficulty and needed to reduce staff numbers - Applicant asked to participate…
    Result:
    Application granted; Reimbursement of lost wages ($7,680); Interest (5%); Compensation for humiliation etc ($7,000); Costs reserved

  • Olivier v Cloudberry Busienss Solutions Ltd

    A Dumbleton [Employment Relations Authority - Christchurch]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Respondent claimed applicant independent contractor – Respondent directed applicant’s work – Applicant paid without deduction for tax – Authority found respondent exercised…
    Result:
    Application granted; Arrears of wages ($5,460.15); Arrears of holiday pay (quantum to be determined); No order for costs; Disbursements in favour of applicant ($71.56)(filing fee)