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Bateman v Rush Security Services Ltd T/A Darien Rush Security
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Respondent proposed restructuring which would have resulted in disestablishment of applicant’s position – Respondent instead opted to pay for further training for applicant – Applicant…
- Result:
- Applications granted (Unjustified dismissal)(Arrears of wages) ; Compensation for humiliation etc ($6,000) ; Arrears of wages ($2,000) ; Application dismissed (Penalty) ; Costs reserved
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Peng v Drapac Ltd
Y S Oldfield [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE - Applicant alleged disadvantage grievances associated with changes to his duties, poor working conditions and under-resourcing - Applicant claimed raised grievances with respondent via emails – Authority found…
- Result:
- Applications granted (Unjustified dismissal)(Holiday Pay) ; Reimbursement of lost wages ($12,500) ; Compensation for humiliation etc ($7,00) ; Arrears of wages ($7,250.28) ; Application dismissed (Unjustified disadvantage) ; Costs reserved
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Moxey v Westminster Pacific (NZ) Ltd
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed respondent’s failure to pay agreed salary over two and half month period caused loss of trust and confidence in respondent – Respondent…
- Result:
- Application granted ; Reimbursement of lost wages ($34,285) ; Compensation for humiliation etc ($5,000) ; Costs reserved
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Payne and Anor v Ellmers Properties
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance - Half a day investigation meeting - Respondents’ advocate filed costs memorandum two weeks late - Authority required respondents to file for extension of time…
- Result:
- Costs in favour of respondents ($1,250)
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McNabb v Stones Fabric Industries Ltd
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed co-worker (“G”) made inappropriate remarks, often of sexual nature, to applicant – Subsequently respondent held disciplinary meeting with applicant…
- Result:
- Application granted (Disadvantage) ; Application dismissed (Dismissal) ; Remedies reduced to 0 (100 percent contributory conduct) ; Costs reserved
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Graham v Bank of New Zealand
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- BREACH OF CONTRACT - Applicant union member and parties subject to collective employment agreement (“CEA”) - Applicant developed chronic arm and elbow problem – Applicant found could not perform certain…
- Result:
- Applications dismissed ; Costs reserved
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Brooker and Ors v Care Park New Zealand Ltd
D Asher [Employment Relations Authority - Wellington]
- Summary:
- DISPUTE – Interpretation of collective employment agreement (“CEA”) - Respondent provided car parking and car valet services to Air New Zealand (“ANZ”) pursuant to agreement – Agreement provided ANZ would…
- Result:
- Questions answered in favour of respondent ; Application dismissed (Raising personal grievance) ; Costs reserved
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Dowds v Martin Hydraulics Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy not genuine and procedurally unfair - Respondent made decision to make one sales position redundant – Applicant given letter advising of proposed…
- Result:
- Applications granted (Unjustified dismissal)(Arrears of wages – notice period) ; Arrears of wages (One day)(Notice period) ; Reimbursement of lost wages (One month) ; Compensation for humiliation etc ($8,000) ; Application dismissed (Arrears of wages – sick leave) ; Costs reserved
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Burgess v Robson
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought $4,000 unpaid wages and holiday pay – Parties agreed to amount owing – Respondent claimed unable to pay arrears due to…
- Result:
- Application granted ; Arrears of wages and holiday pay ($4,000) ; Costs reserved ; Disbursements in favour of applicant ($71.56)
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Dunnings v Serious Fun N" Mind Trust"
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Successful personal grievance - Length of investigation meeting not specified - Applicant sought contribution to costs - Applicant submitted made Calderbank offer to respondent - Authority noted that…
- Result:
- Costs in favour of applicant ($5,800)