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Graham v Computer Transport Services (NZ) Ltd t/a Fliway Transport
D Asher [Employment Relations Authority - Wellington]
- 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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Briskie v McHannigan & Anor
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Unsuccessful personal grievance – Applicant legally aided in substantive matter – Authority noted normally recovery of contribution to costs unavailable where party legally aided – Respondent argued incurred…
- Result:
- Costs to lie where they fall
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O'Rouke v Board of Trustees for Liston College
K J Anderson [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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Sharma v Steel & Tube Holdings Ltd
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Whether accord and satisfaction – UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Applicant suffered health problems and went on sick leave – Respondent…
- Result:
- Application dismissed ; Costs reserved
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Casares v AAV New Zealand (t/a Oktober)
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION – Whether employee or independent contractor - Applicant claimed unjustifiably disadvantaged by respondent’s failure to pay commission – Respondent claimed applicant independent contractor and no commission owed - Applicant…
- Result:
- Application dismissed ; Costs reserved
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Hambly and Ors v Museum of Transport and Technology Board
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION – Applicants sought declaration were employees – Applicants accepted were volunteers at outset of employment but employment relationship developed over time – Applicants signed volunteer agreement which on face…
- Result:
- Application dismissed ; Costs reserved
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Barzegari v Little Turkish Cafe
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed respondent failed to pay applicant minimum wage, three days sick leave, public holidays, annual holiday pay or wages for last week…
- Result:
- Application granted ; Arrears of wages and holiday pay (parties to calculate and agree on total amount owed) ; Costs reserved
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Frazer v JHL Paint Management Services Ltd
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – JURISDICTION – Whether employee or independent contractor – Applicant claimed unjustifiably dismissed by respondent effected by removal of work vehicle used to perform duties – Respondent claimed…
- Result:
- Application dismissed ; Costs reserved
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McLean (Labour Inspector) v AP & KE Pavich (Partnership)
J Wilson [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought unpaid holiday pay for former employee (“M”) of respondent - No appearance for respondent - Respondent failed to provide wage and…
- Result:
- Applications granted ; Holiday pay ($2,581.69) ; Interest (5%) ; Penalty (Breach of Employment Relations Act 2000)($2,500)(payable to Crown) ; Penalty (Breach of Holidays Act 2003)($2,500)(payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee)
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Winder v Chief Executive of the Department of Corrections
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s conclusion that applicant’s medical issues did not permit full duties without risk to self or others – Applicant told to apply…
- Result:
- Application dismissed ; Costs reserved