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Lowndes v Dowden t/a Safeguard Security and Anor
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed unjustified dismissal – Respondent claimed never employed applicant – Mr Dowden (“D”) traded as Safeguard Security (“S”) – Mr Preston…
- Result:
- Application granted ; Costs reserved
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Gordon v Student Management Software Solutions Ltd
D Asher [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent argued applicant misappropriated electronic code that was property belonging to respondent – Authority noted parties’ failure to provide agreed…
- Result:
- Application dismissed (Counterclaim) ; Application granted (Unjustified dismissal) ; Reimbursement of lost wages (Quantum to be determined) ; Compensation for humiliation etc ($10,000 reduced to $9,500) ; Costs reserved
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White v Noahs Hotel (NZ) Ltd t/a Rydges Christchurch
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- DISPUTE – Whether instructions to regularly clean within applicant’s employment duties – Applicant employed as Housekeeper Supervisor – Employment agreement (“EA”) provided applicant’s duties to check rooms and allocate rooms…
- Result:
- Applications dismissed (Unjustified disadvantage)(Penalty) ; Application adjourned (Compliance order) ; Question answered in favour of applicant ; Costs reserved
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Reweti v Linfox Logistics (NZ) Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Less than half day investigation meeting - Unsuccessful personal grievance - Respondent sought $1,500 contribution to costs and further $500 regarding additional information sought by Authority - Applicant's…
- Result:
- Costs in favour of respondent ($2,000)
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van Meygaarden v Rave Radio Ltd formerly First Mobile Browns Bay Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Both parties achieved degrees of success in substantive determination - Respondent sought $830 as reasonable contribution to costs - Authority found applicant successful in claim - Found in…
- Result:
- Costs to lie where they fall
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Elite Cabling Services Ltd v McMillan-Parata
D Asher [Employment Relations Authority - Wellington]
- Summary:
- BREACH OF CONTRACT – Applicant sought $10,528 damages for alleged breach of employment agreement and respondent’s failure to work out notice period – Respondent resigned from applicant - Applicant advised…
- Result:
- Application granted ; Damages ($3,175.83)($239.17 - Overpaid leave)($40 - Parking ticket)($2,100 - Failure to work out notice)($500 - Lost profit margin)($296.66 - Failure to return calls and return vehicle) ; Costs reserved
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Gray v Best Removals Otago Ltd
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed following disciplinary meeting – Respondent argued applicant resigned voluntarily – Applicant received final written warning for lateness – Warning notified…
- Result:
- Application granted (Arrears of holiday pay) ; Applications dismissed (Unjustified dismissal)(Arrears of wages) ; Arrears of holiday pay (Quantum to be determined) ; Costs reserved
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Whiu v Young & Anor
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE – Identity of employer - Applicant claimed first respondent applicant’s employer at all material times – No submissions received for first and second respondent – Authority found…
- Result:
- Application dismissed ; Costs reserved
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Heeney v Frame & Mirror Ltd t/a Eco Frame & Mirror
P Montgomery [Employment Relations Authority - Christchurch]
- Summary:
- SEXUAL HARASSMENT - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed resignation was constructive dismissal following bullying and sexual harassment by respondent’s director (“P”) - Applicant claimed relationship with P…
- Result:
- Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($2,000) ; Disbursements in favour of applicant ($200)(Expenses)($70)(Filing fee)
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Bhalla v The Ultimate Care GroupLtd
P Montgomery [Employment Relations Authority - Christchurch]
- Summary:
- COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified – Respondent sought $4,000 as reasonable contribution to costs - Respondent requested pursuant to s 40(4) Legal…
- Result:
- Sum equal to contribution made to secure legal aid grant