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Gardner v Link Business Broking Ltd
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed and did not accept substantive justification for redundancy – Applicant claimed higher paid colleague’s (“F”) position should have been disestablished first…
- Result:
- Application granted ; Compensation for humiliation etc ($4,000) ; Costs in favour of applicant ($3,000)
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Clarke v AFFCO New Zealand Ltd
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent carried out drug search exercise at entrance to carpark of plant - Respondent received complaint applicant had sworn at supervisor…
- Result:
- Applications dismissed ; Costs reserved
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Hosegood v Head Auto Wreckers Ltd
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed – Respondent argued applicant justifiably dismissed for theft as servant – Alternatively, contributory conduct disentitled applicant to any award of…
- Result:
- Application granted ; Reimbursement of lost wages ($6,760.00) ; Compensation for humiliation etc ($5,000) ; Recovery of monies ($140.00) ; Arrears of holiday pay ($16.64) ; Costs reserved
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Carr v Tregidga t/a Hobbs Electrical
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed unpaid wages and holiday pay – Applicant claimed worked more hours than paid for – Respondent discovered applicant worked more than…
- Result:
- Application granted ; Arrears of wages ($14,531) ; Arrears of holiday pay ($1,162.48) ; Interest (5%) ; Costs reserved
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Peka v Transportation Auckland Corporation Ltd (NZ Bus)
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Terms of settlement to be full, final, and binding -…
- Result:
- Consent order granted ; Orders accordingly ; No order for costs
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Unite Union Inc. v Waikato District Health Board
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- BARGAINING – GOOD FAITH – PENALTY – Parties engaged in bargaining for new collective employment agreement – Negotiations reached impasse and mediation failed to resolve issues – Respondent became aware…
- Result:
- Applications granted (good faith) ; Applications dismissed (penalty) (counterclaim) ; Costs to lie where they fall
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Hunter v Canpac International Ltd
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably constructively dismissed by respondent - Respondent claimed no constructive dismissal arguing circumstances arose where applicant advised failure to wear hearing protection…
- Result:
- Application granted ; Reimbursement of lost wages ($10,109.52 reduced to $8,087.62) ; Compensation for humiliation etc ($5,000 reduced to $4,000) ; Costs reserved
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Samuels v Lewis Equipment Company Ltd
D King [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Quantum of remedies – No submissions received from respondent – Authority ordered parties to agree on quantum of applicant’s lost wages for three month period following…
- Result:
- Quantum determined ; Reimbursement of lost wages ($17,987.96) ; Arrears of holiday pay (holiday pay payable up until date of termination) ; No order for costs
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Cosgriff v Harrex Contracting Ltd t/a Dunstan Sprayers
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Applicant claimed never had written employment agreement (“EA”) and dismissed in procedurally unfair manner following restructuring – Respondent argued applicant employed on casual contract providing for 24…
- Result:
- Application granted ; Compensation for humiliation etc ($2,500) ; Costs reserved
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Bennetts v The Benenue Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- BREACH OF CONTRACT - PENALTY - Parties entered into mediated settlement agreement (“SA”) - Clause 1 provided terms of settlement and all matters discussed at mediation to remain confidential to…
- Result:
- Application dismissed ; Costs reserved