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Fuimaono v New Zealand Racing Board
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISADVANTAGE - ARREARS OF WAGES – Applicant claimed unjustifiably disadvantaged by respondent’s unilateral reclassification of applicant’s position - Applicant sought arrears of wages – Alternatively applicant claimed misled by…
- Result:
- Application granted (arrears of wages) ; Arrears of wages (parties to determine quantum) ; Interest (5%) ; Application dismissed (unjustified disadvantage) ; Costs reserved
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Robb v Awaroa Lodge Ltd
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- COSTS – Successful personal grievance and unsuccessful arrears and jurisdiction claims – Five day investigation meeting – Applicant sought contribution to $22,000 total costs – Respondent claimed costs should lie…
- Result:
- Costs in favour of applicant ($10,000)
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Lin v Zhou and Anor
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- RECOVERY OF MONIES – PENALTY – Applicant (Ms Lin – employee) claimed required by first respondent (Ms Zhou – managing director) to pay $6,000 as premium for job opportunity –…
- Result:
- Applications granted (recovery of monies)(penalty) ; Recovery of monies ($6,000)(premium) ; Recovery of monies ($5,000)(salary) ; Penalty ($15,000)($10,000 payable to Crown)($5,000 payable to applicant) ; Penalty ($7,000)($4,000 payable to Crown)($3,000 payable to applicant) ; Arrears of holiday pay (quantum to be determined) ; Application dismissed (unjustified dismissal) ; Costs reserved
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McGeown v Andy Andersons Industrial Services (2007) Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION – Whether employee or independent contractor – Applicant approached respondent about work and told no guarantee of regular work and no promise about amount of work or length of…
- Result:
- Application granted ; Costs reserved
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Keightley (Labour Inspector) v Performance Auto Electrical Ltd
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- CONSENT ORDER – Applicant previously sought compliance order that respondent pay employee (“X”) outstanding holiday pay - Parties reached agreement on terms of settlement – Respondent agreed would pay X…
- Result:
- Consent order granted ; Orders accordingly ; No order for costs
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Jones v Pact
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- COSTS – Unsuccessful personal grievance – Half day investigation meeting – Respondent sought contribution in range between $9,000 and $14,250 to $22,000 total costs – Applicant claimed respondent only entitled…
- Result:
- Costs in favour of respondent ($5,000) ; Disbursements in favour of respondent ($1,275)
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Wallace v G P and S L Glaister Ltd
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE – Identity of employer – No appearance for respondent – Applicant claimed owed unpaid wages from respondent – Applicant claimed performed range of tasks for respondent…
- Result:
- Application dismissed ; Costs reserved
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Clark v The Swedish Sauna Co Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Poor Performance - Applicant claimed unjustifiably dismissed by respondent – No appearance for respondent - Respondent claimed applicant’s employment subject to 90 day trial period – Parties…
- Result:
- Applications granted (unjustified dismissal, arrears of wages and holiday pay, recovery of monies and penalty (employment agreement)) ; Reimbursement of lost wages ($4,000) ; Compensation for humiliation etc ($3,000) ; Arrears of wages ($750) ; Arrears of holiday pay ($116) ; Recovery of monies ($40) ; Penalty ($500)(payable to applicant) ; Applications dismissed (penalty (good faith) and practice and procedure) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)
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Lequesne v L A Transport Ltd
P R Stapp [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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Kaluza v Ministry of Health
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – 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