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Patterson v Workman
D Asher [Employment Relations Authority - Wellington]
- Summary:
- JURISDICTION - Whether employee or independent contractor - Applicant claimed was employee and suffered unjustified disadvantage and unjustified dismissal - Respondent claimed applicant independent contractor - Claimed if applicant was…
- Result:
- Application dismissed ; Costs reserved
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Nuri v Chief Executive of Te Puni Kokiri
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- BREACH OF CONTRACT - UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant claimed dismissal unjustified, respondent breached employment agreement and that suffered unjustified disadvantage - Claimed never behaved…
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Enosa v Black & White Fire Systems Ltd
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious misconduct - Respondent called applicant after applicant sent text would not be at work that day – Respondent claimed applicant intoxicated when parties spoke on phone,…
- Result:
- Applications granted (unjustified dismissal and arrears of wages and holiday pay) ; Compensation for humiliation etc ($6,000) ; Arrears of holiday pay ($1,966.40) ; Application dismissed (arrears of holiday pay) ; Costs reserved
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Khan v Oracle New Zealand Ltd
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- INJUNCTION – Interim Reinstatement – Applicant sought interim reinstatement following dismissal for redundancy – Authority found reinstatement no longer primary remedy – Found now reinstatement provided if practicable and reasonable…
- Result:
- Application dismissed ; Costs reserved
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Pemberton v Te Haumi Logging Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF WAGES – Applicant sought $2,500 repayment of unpaid wages – Respondent failed to file statement of reply after extensions and prompting from Authority - Authority granted leave for…
- Result:
- Application dismissed (arrears of wages) ; Application granted (deduction from wages)($1,017.99) ; Disbursements in favour of applicant ($70)(Filing fee) ; No order for costs
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Quin v Trucking Relief (Waikato) Ltd
V Campbell [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance – One day investigation meeting – Respondent sought $4,832 contribution to costs – Respondent noted made Calderbank offer to applicant including offer of reference and…
- Result:
- Costs in favour of respondent ($3,000)
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Baregari v Little Turkish Cafe Ltd
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Quantum of Remedies – Authority ordered parties to agree on quantum of arrears of wages due to insufficient evidence before Authority – Parties failed to agree…
- Result:
- Quantum specified ; Arrears of wages ($9,984.63) ; Interest (8.4%) ; No order for costs
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Burlton v Oceania Care Company (No 1) Ltd
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Respondent claimed did not receive notification that applicant raising personal grievance until well after 90 days – Union claimed…
- Result:
- Application granted ; Costs reserved
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Cabrera v Prepared Produce Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- 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
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Metcalfe v Chief Executive of the Department of Labour
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- PARENTAL LEAVE – Applicant sought review of respondent’s decision ineligible for paid parental leave (“PPL”) – Applicant self employed and applied for PPL after assumption of care of child with…
- Result:
- Application dismissed ; Costs reserved