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Munro v Hibiscus Coast Security Ltd and Anor
D King [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably constructively dismissed – Claimed resignation caused by breaches of respondent’s duty being making false allegations of assault to Police, failing to…
- Result:
- Application dismissed (Unjustified dismissal) ; Applications granted (Unjustified disadvantage)(Arrears of holiday pay) ; Arrears of holiday pay (Quantum to be determined) ; Costs reserved
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Yu v Golden World (NZ) Ltd
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Successful personal grievance - Successful arrears of holiday pay claim - Successful penalty claim - Less than one and a half day investigation meeting - Applicant sought award…
- Result:
- Costs in favour of applicant ($4,000)
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Swaysland v Hautapu Motors Ltd
D Asher [Employment Relations Authority - Wellington]
- Summary:
- RAISING PERSONAL GRIEVANCE – Applicant claimed suffered unjustified disadvantage when respondent unilaterally altered parties employment agreement to reduce amount of commission payable - Respondent claimed grievance raised out of time…
- Result:
- Application dismissed (Raising personal grievance) ; Application granted (Arrears of wages)(Penalty) ; Arrears of wages ($2,500) ; Penalty ($1,000)($500 payable to Crown)($500 payable to applicant) ; Costs reserved
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Oskam v Idea Services Ltd
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant claimed asked service user (“S”) to move as blocking access to toolbox and when S refused…
- Result:
- Application granted ; No remedies (100% contributory conduct) ; Costs reserved
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Service and Food Workers Union Nga Ringa Tota v Care Park New Zealand Ltd
D Asher [Employment Relations Authority - Wellington]
- Summary:
- DISPUTE – Interpretation of collective employment agreement – Whether shuttle bus drivers should be paid $13. 80 per hour as applicant contended or $13.
- Result:
- Question answered ; Costs reserved
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Watson v Restaurant Holding Ltd
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Successful arrears of wages claim – Length of investigation meeting not specified – Respondent claimed restaurant business sold and no money to pay amounts ordered by Authority –…
- Result:
- Costs in favour of applicant ($2,000)
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04 March 2011
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[2011] NZERA Auckland 84
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Northern Amalgamated Workers' Union v Southern Paprika Ltd
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- BARGAINING - Reference for facilitation - Matter determined on the papers - Applicant applied for reference to facilitation under s50C Employment Relations Act 2000 (“ERA”) - Authority satisfied grounds under…
- Result:
- Application granted ; No order for costs
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Henry and Anor v Millenium 1st Group Ltd
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION – Whether employee or independent contractor – Applicants claimed employed by respondent – Respondent claimed parties entered into commercial business arrangement where profits and risks shared between parties –…
- Result:
- Application dismissed ; No order for costs
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Taljaard v Sevans Operator Hire Ltd and Anor
D King [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF WAGES AND HOLIDAY PAY – Applicant Labour Inspector sought unpaid wages and holiday pay – No appearance for respondents – Authority found amounts not disputed by first respondent…
- Result:
- Application granted ; Arrears of wages ($2,076.81) ; Arrears of holiday pay ($2,727.68) ; Interest (4.8%) ; Penalty ($2,000)(payable to Crown) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)
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Graham v Northland Waste Ltd
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant fixed term employee and employment ended because fixed term expired – Respondent claimed only wished to engage…
- Result:
- Application granted ; Compensation for humiliation etc ($6,000) ; Costs in favour of applicant ($1,700) ; Disbursements in favour of applicant ($71.56)(filing fee)