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Results 12361-12370 of 21097

  • Wang v McConnell Dowell Constructors Ltd

    R A Monaghan [Employment Relations Authority - Auckland]

    Summary:
    BREACH OF CONTRACT – Applicant seriously injured in accident at work and not expected to return to former occupation – Applicant sought various forms of compensation from respondent – Sought…
    Result:
    Applications dismissed ; Costs reserved

  • Liu v South Pacific Timber (1990) Ltd

    J Wilson [Employment Relations Authority - Auckland]

    Summary:
    JURISDICTION - Whether employee or independent contractor - Applicant claimed employee - Respondent claimed applicant independent contractor - Respondent claimed entered into arrangement with applicant to pay for some expenses…
    Result:
    Application dismissed ; No order for costs

  • Singh and Anor v J R Hospitality Ltd (in liquidation) and Ors

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COSTS - Unsuccessful personal grievance - Successful arrears of wages and holiday pay and penalty claims - Four day investigation meeting - Applicants sought $25,000 contribution to costs plus hearing…
    Result:
    Costs in favour of applicants ($20,000) ; Disbursements in favour of applicants ($740)(Hearing fee)(Filing fee)

  • Pearson v Aotearoa Coolstores Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Applicant claimed summarily dismissed without being given reason - Respondent claimed justifiably terminated applicant’s casual employment following seven days’ absence without leave, applicant’s mucking…
    Result:
    Application granted ; Reimbursement of lost wages ($2,080 reduced to $1,040) ; Compensation for humiliation etc ($4,000 reduced to $2,000) ; Costs reserved

  • Hunt v Kalilands Ltd t/a K & M Dinners

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    JURISDICTION – Whether employee or independent contractor – Respondent claimed applicant independent contractor – Authority found real nature of relationship was employer and employee – Found applicant brought no tools…
    Result:
    Application granted ; Arrears of wages ($1,006.27) ; Arrears of holiday pay ($181.75) ; Costs reserved

  • Walters v Tulloch Transport Ltd

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed following investigation into complaint about applicant’s driving - Authority found applicant deliberately lied about post dismissal employment in support of claim of…
    Result:
    Application dismissed ; Costs reserved

  • Kiwi Stat Limied v Nichols

    P Cheyne [Employment Relations Authority - Christchurch]

    Summary:
    RESTRAINT OF TRADE – Applicant sought to enforce restraint of trade and non-solicitation clause against respondent – Respondent argued restraint of trade unenforceable as applicant had no protectable proprietary interest…
    Result:
    Application granted ; Parties directed to mediation ; Orders made ; Costs reserved

  • Fotofili v New Zealand Health Ass Ltd

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant summarily dismissed following investigation into co-worker's (“X”) car being scratched in respondent’s secure staff car park - Respondent concluded applicant damaged car or…
    Result:
    Application dismissed ; Costs reserved

  • Reedy v Network Murupara Inc

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with mediated settlement – Applicant also claimed unpaid final pay and holiday pay – No reply from respondent to application and request for urgency…
    Result:
    Compliance ordered ; No order for costs

  • Edwards v ERS New Zealand Ltd t/a Transpacific Industrial Solutions

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    RESTRAINT OF TRADE – Applicant applied for declaration former employment agreement did not restrain applicant from taking up new employment – Applicant claimed restraint of trade did not apply to…
    Result:
    Application partially granted (restraint of trade) ; Application dismissed (unjustified disadvantage) ; Application granted (breach of contract) ; Penalty ($3,000)(payable to respondent) ; Costs reserved