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Cornes v Newmont Waihi Gold Ltd
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant notified respondent’s plant manager (“H”) that employee (“B”) had reported for work intoxicated – H decided…
- Result:
- Applications dismissed ; Costs reserved
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Philpott v ANZ National Bank Ltd
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Whether accord and satisfaction – Whether applicant precluded from bringing employment relationship problem as all matters settled in settlement agreement (“SA”) – Applicant claimed signed SA…
- Result:
- Application dismissed ; Costs reserved
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Tasman Auto Electrics Ltd v Coldicott
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- BREACH OF CONTRACT – GOOD FAITH – Applicant claimed respondent breached obligations of fidelity, confidentiality, unlawful competition and good faith – Respondent suggested to applicant that sales could be increased…
- Result:
- Application granted (penalty) ; Penalty ($5,000)($3,750 payable to applicant)($1,250 payable to Crown) ; Application dismissed (breach of contract)(good faith)(injunction) ; Costs reserved
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Wallace v Broadway General Carriers Ltd
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant crashed truck into another truck which caused hit truck to be shunted into third truck –…
- Result:
- Applications granted ; Reimbursement of lost wages ($7,595) ; Compensation for humiliation etc ($7,500) ; Arrears of wages ($593.41) ; Arrears of holiday pay ($5,192.35) ; Penalty ($3,000)($1,500 payable to Crown)($1,500 payable to applicant) ; Costs reserved
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Chand v Motoring EFI 4000 Ltd
D King [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – RECOVERY OF MONIES – Applicant claimed unjustifiably disadvantaged by respondent – Applicant sought reimbursement of $5,000 bond advanced at respondent director’s (“K”) request – No appearance for…
- Result:
- Applications granted ; Compensation for humiliation etc ($3,000) ; Recovery of monies ($5,000) ; Costs in favour of applicant ($750) ; Disbursements in favour of applicant ($54.40) ($71.56)(filing fee)
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O'Neill and Anor v Affco New Zealand Ltd
D King [Employment Relations Authority - Auckland]
- Summary:
- RESTRAINT OF TRADE – Applicants claimed bound by unenforceable restraints of trade – Respondent claimed applicants entered into restraints freely and restraints enforceable – First applicant (“O”) commenced employment with…
- Result:
- Applications dismissed ; Costs reserved
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Quin v Trucking Relief (Waikato) Ltd
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Unsuccessful claim – Matter determined on papers – Respondent sought $2,300 contribution towards costs – Applicant claimed was misled or confused about Authority’s previous advice about application to…
- Result:
- Costs in favour of respondent ($575)
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Maru v McKay Electrical & Instrumentation (Whangarei) Ltd
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent team leader (“H”) concerned applicant’s timesheets did not reflect time applicant worked – Respondent human resources…
- Result:
- Application granted (counterclaim)(recovery of monies) ; Recovery of monies ($788.40) ; Application dismissed (unjustified dismissal) ; Costs reserved
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Rose v Hibell Holdings Ltd
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed respondent withheld applicant’s final pay including holiday pay when employment ended – Respondent withheld $3,199 but applicant sought $949 arrears of…
- Result:
- Application granted ; Arrears of wages and holiday pay ($949.90) ; Disbursements in favour of applicant ($71.56)(filing fee)
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Duff (Labour Inspector) v Over the Top Ltd and Anor
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- ARREARS OF HOLIDAY PAY – Second respondent (“P”) failed to provide copy of employment agreement (“EA”) and only provided partial wage and time records – P joined to proceedings given…
- Result:
- Application granted (arrears of holiday pay) ; Arrears of holiday pay ($4,408) ; Application dismissed (penalties) ; Costs reserved