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Brooking v Idea Services Ltd (in statutory management)
D King [Employment Relations Authority - Auckland]
- Summary:
- RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days - Applicant claimed unjustifiably dismissed by respondent – Respondent claimed grievance raised outside 90 day period – Applicant’s advocate sent…
- Result:
- Application dismissed ; Costs reserved
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Gethen and Ors v The Board of Trustees of Kerikeri High School
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- DISPUTE – Interpretation of parties’ employment agreement (“EA”) - Whether applicants’ employment on fixed term basis lawful - Applicants sought order that respondent could not rely on fixed term to…
- Result:
- Questions answered in favour of respondent ; Costs reserved
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Spake v Vehicle Testing New Zealand Ltd
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant abandoned employment – Applicant claimed frightened of respondent station manager (“J”) – Applicant claimed…
- Result:
- Application granted ; Contributory conduct (30%) ; Reimbursement of lost wages (12 months reduced by 30%) ; Compensation for humiliation etc ($15,000 reduced to $10,500) ; Costs reserved
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Brown (Labour Inspector) v North West Logging Ltd
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- COMPLIANCE ORDER – Applicant sought compliance with Authority determination – Respondent failed to file statement of reply – Matter dealt with on papers – Applicant drafted letter requesting respondent pay…
- Result:
- Compliance ordered ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)
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Connolly v Brinkman and Anor
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct – UNJUSTIFIED DISADVANTAGE – Applicant took time off to attend doctor for sinus irritation and subsequently took two days leave – Applicant claimed penalised for…
- Result:
- Applications dismissed ; Costs reserved
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Papera v OCS Ltd
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant’s employment transferred to respondent when university cleaning contract lost – Applicant covered by written employment agreement which applicant…
- Result:
- Application dismissed ; Costs in favour of respondent ($1,500)
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Mackie v South Pacific Meats Ltd
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- JURISDICTION – Whether applicant (Ms Mackie – employee) employee – Applicant claimed was employee of respondent (South Pacific Meats Ltd – employer) and was unjustifiably dismissed – Applicant received letter…
- Result:
- Application granted (unjustified disadvantage)(arrears of bonus payment) ; Reinstatement ordered on condition ; Reimbursement of lost wages ($9,852) ; Compensation for humiliation etc ($10,000) ; Arrears of bonus payment ($500) ; Application dismissed (jurisdiction)(breach of contract) ; Costs reserved
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Goudswaard v Agriterra Ltd
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Motorbike suffered significant damage when applicant was riding it and not immediately repaired – Respondent claimed applicant demanded farm motorbike…
- Result:
- Applications dismissed ; Costs to lie where they fall
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Wetthai v NCSA Holdings Ltd
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- CONSENT ORDER – Parties reached agreement on terms of settlement – Terms of settlement to be orders of Authority – Order prohibiting publication of terms of settlement
- Result:
- Consent order granted ; Orders accordingly ; No order for costs
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Honeyfield v Reid Holdings Ltd
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- BREACH OF CONTRACT – Applicant sought damages for breach of settlement agreement and breach of duty surviving employment by respondent – Applicant dismissed for alleged breach of lawful instruction from…
- Result:
- Application granted (penalty)(compliance order) ; Penalty ($1,000)(Payable to applicant) ; Compliance ordered ; Application dismissed (breach of contract) ; Costs reserved