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Olsen and Anor v Te One A Mara Ltd and Ors
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- JURISDICTION – Whether second applicant (“L”) employee – L claimed employed by respondents – Authority found L not employed by respondents – Found contractual documentation supported conclusion – Found employment…
- Result:
- Applications granted (arrears of payment) (unjustified disadvantage) (unjustified dismissal) ; Contributory conduct (15%) ; Arrears of payment ($495) ; Reimbursement of lost wages ($8,653.86 reduced to $7,355.78) ; Compensation for humiliation etc ($8,000 reduced to $6,800) ; Application dismissed (jurisdiction) ; Costs reserved
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Gini v Literacy Training Ltd and Anor
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant taught course to prison inmates – Applicant removed partially filled in Kiwisaver forms that had been used as part of course for safety…
- Result:
- Application granted (unjustified dismissal) ; Reimbursement of lost wages ($10,140) ; Compensation for humiliation etc ($5,000) ; Application dismissed (penalty) ; Costs reserved
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Palmer v SBA Pacific Ltd
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- COMPLIANCE ORDER – Applicant sought compliance with mediated settlement – Respondent claimed terms of settlement nullified by passage of time – Authority found matter did not progress further at time…
- Result:
- Compliance ordered ; Costs reserved
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Milne v Barnardos New Zealand
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- COSTS – Unsuccessful injunction application – Half day investigation meeting – Respondent sought $9,600 contribution to $10,100 total costs – Respondent claimed costs incurred reasonable – Respondent claimed matter important…
- Result:
- Costs in favour of respondent ($4,500)
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Clince v Johnson
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- PRACTICE AND PROCEDURE – Identity of employer – Respondent failed to lodge statement in reply – Authority found respondent served with claim and notice of investigation meeting - Found respondent…
- Result:
- Application granted ; Arrears of wages ($8,550) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)
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A v B
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- DISPUTE – Whether applicant entitled to wages while suspended – Order prohibiting publication of names of parties due to suppression orders in place by District Court – Colleague made complaint…
- Result:
- Question answered in favour of applicant ; Costs reserved
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Yarrell v Department of Labour
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- PARENTAL LEAVE – Applicant sought review of respondent’s decision not eligible for paid parental leave – Applicant made redundant following Christchurch earthquake and in new employment for five months at…
- Result:
- Application dismissed ; No order for costs
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Monopoliz Supplies Ltd v Sharma
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Application to reopen investigation – Applicant claimed respondent’s statements fabricated and requested second opportunity to present “witnesses and proof” – Applicant failed to comply with Authority’s…
- Result:
- Application dismissed ; No order for costs
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Anderson v Chief of Defence Force
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- COMPLIANCE ORDER – GOOD FAITH - Applicant sought compliance with settlement agreement and claimed respondent breached good faith obligations – Applicant applied for respondent’s vacancy after settlement reached and told…
- Result:
- Application dismissed ; No order for costs
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McFadgen v Auckland Council
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION – Respondent claimed Authority did not have jurisdiction to order that respondent pay applicant redundancy as excluded by Local Government (Auckland Transitional Provisions) Act 2010 (“ATP Act”) – Applicant…
- Result:
- Applications granted ; Compensation for humiliation etc ($15,000) ; Reimbursement of lost redundancy ($15,000) ; Penalty($5,000) ($3,000 payable to applicant)($2,000 payable to Crown) ; Costs reserved