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Lau v Canaan Productions Ltd (in liq) and Anor
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION - No appearance for respondents - First respondent went into liquidation after statement in reply filed – Applicant not permitted to continue proceedings against first respondent - Applicant claimed…
- Result:
- Applications granted ; Holiday pay ($4,342.88) ; Arrears of wages ($598) ; Interest (5.2%) ; Disbursement in favour of applicant ($71.56)(Filing fee)
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Russell v Triodent Ltd
J Wilson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant dismissed for allegedly misusing company credit card – Respondent concerned about applicant’s fuel use and further investigation revealed discrepancies – Respondent arranged for…
- Result:
- Application dismissed ; Costs reserved
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Coverdale v Rush Security Services Ltd
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – Redundancy – Applicant claimed unjustifiably disadvantaged and dismissed for redundancy while respondent kept on another employee a fortnight beforehand – Respondent argued genuine commercial and operational reasons…
- Result:
- Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved
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O'Rourke v Air New Zealand Ltd
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance - Two and a half day investigation meeting - Respondent sought costs award of between $9,000 and $10,500 based on investigation meeting spread over three…
- Result:
- Costs in favour of respondent ($9,000)
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Board v Adecco Personnel Ltd
Y S Oldfield [Employment Relations Authority - Auckland]
- Summary:
- RAISING PERSONAL GRIEVANCE – Applicant claimed dismissal for redundancy unjustified – Respondent claimed applicant filed personal grievance claim outside of three year time limit specified in s114(6) Employment Relations Act…
- Result:
- Application granted ; No order for costs
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Rangi v Loader
V Campbell [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Applicant initially employed as waitress and grill cook at business (“X”) in Taup� – Respondent bought X – About two years later applicant offered and accepted position…
- Result:
- Applications granted ; Reimbursement of lost wages ($9,600 reduced to $4,800) ; Compensation for humiliation etc ($6,000 reduced to $3,000) ; Relocation expenses ($300) ; Penalty ($1,000)(Payable to Crown) ; Costs reserved
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Service & Food Workers Union Nga Ringa Tota Inc v Pacific Flight Catering Ltd
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- GOOD FAITH – BARGAINING – Applicant claimed respondent breached good faith obligations during bargaining for collective employment agreement (“CEA”) – Applicant notified respondent of intention to strike on three occasions…
- Result:
- Application granted (penalty) ; Penalty ($6,000)($3,000 payable to applicant)($3,000 payable to Crown) ; Application dismissed (compliance order) ; Costs reserved
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Burke v Gracestone Granite and Marble Ltd
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed disadvantageous actions amounted to course of action to procure resignation – Respondent changed applicant’s job description – Applicant claimed…
- Result:
- Application granted ; Compensation for humiliation etc ($5,000) ; Reimbursement of lost wages ($8,840) ; Costs reserved
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Ahn v Woo & Ok Partnership
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Abandonment - Respondent owned and operated restaurant – Applicant enquired of one of respondent’s owners (“K”) whether being paid at correct rate - Significant conflict in evidence…
- Result:
- Application granted (Unjustified dismissal)(Arrears of wages)(Penalty – failure to keep wage and time records) ; Application dismissed (Penalty – breach of Minimum Wage Act 1983, Wages Protection Act 1983, Holidays Act 2003 and employment agreement) ; Compensation for humiliation etc ($8,000 reduced to $7,200) ; Arrears of wages (Quantum to be determined) ; Holiday pay ($5,359.16) ; Interest (5%) ; Penalty ($1,000)(Payable to Crown) ; Costs reserved
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Rathnayaka v Lab Tests Auckland Ltd
M B Loftus [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Unsuccessful interim reinstatement application and personal grievance – 3 day investigation meeting – Investigation meetings to be consolidated to establish costs – No appearance for applicant – Respondent…
- Result:
- Costs in favour of respondent ($9,000)