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Yu v Li and Anor
D Asher [Employment Relations Authority - Wellington]
- Summary:
- JURISDICTION – Whether employee or independent contractor – Applicant claimed was employee – Respondent claimed applicant contractor – Written agreement between parties stated applicant was contractor with agreement expressed to…
- Result:
- Application granted (Jurisdiction)(Unjustified disadvantage)(Arrears of wages and holiday pay) ; Application dismissed (Commission payments) ; Compensation for humiliation etc ($2,000) ; Arrears of wages and holiday pay (Quantum to be determined by parties) ; Counterclaim dismissed ; Costs reserved
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Advanced Personnel Services Ltd v Strickland
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – Terms of settlement to be orders of Authority
- Result:
- Consent order granted ; Orders accordingly ; No order for costs
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Binnig v Rahas Enterprises Ltd
Y S Oldfield [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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Wilson v Promotional Systems Ltd
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Poor Performance - Applicant dismissed two days after end of 90 day trial period – Applicant claimed dismissal unjustified and underpaid wages and holiday pay – Respondent…
- Result:
- Application granted ; Reimbursement of lost wages ($7,788.46) ; Compensation for humiliation etc ($7,500) ; Compensation for loss of company car ($540) ; Arrears of wages ($1,730.76) ; Arrears of holiday pay ($277) ; Interest (8.4%) ; No order for costs
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Young v Bay of Plenty District Health Board
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified - Respondent did not seek further costs, expressed expectation applicant meet orders for costs already made – Applicant…
- Result:
- No order for costs
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Prasad v Breakspeare Industries Ltd t/a Coastline Property Services
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Unsuccessful personal grievance – Half day investigation meeting – Respondent sought $3,000 contribution – Applicant submitted not all costs incurred by respondent appropriate for Authority proceedings – Applicant…
- Result:
- Costs in favour of respondent ($1,200)
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Begum (Labour Inspector) v Effective Fencing NZ Ltd and Ors
V Campbell [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Applicant commenced action against second (“EFL”) and third respondent (“O”) to recover holiday pay – Applicant employee (“S”) commenced employment with EFL and continued employment until…
- Result:
- Application granted ; Costs reserved
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Lamb v Burnside Dairy Farms 2008 Ltd
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- INJUNCTION – Application for interim reinstatement pending substantive hearing – Applicant made redundant after restructuring - Authority noted reinstatement no longer primary remedy – Authority found earlier legislation no longer…
- Result:
- Application dismissed ; Costs reserved
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Rew v Fare Cafe Ltd
Y S Oldfield [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Unsuccessful personal grievance claim – Less than one day investigation meeting – Before substantive investigation completed respondent sought $7,159 contribution to costs – Applicant submitted unwell and receiving…
- Result:
- Costs in favour of respondent ($1,500)
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Kerai v Stevenson Engineering Ltd
Y S Oldfield [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Successful personal grievance – Length of investigation meeting not specified - Applicant sought $4,000 contribution to costs and $628 in disbursements – Applicant claimed respondent unnecessarily prolonged proceeding…
- Result:
- Costs in favour of applicant ($3,000)