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Hopper v Above Ground Ltd t/a Soulscape
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION – Whether respondent applicant’s employer - Applicant claimed had employment relationship with respondent – Claimed consultant (“F”), engaged by respondent, offered and applicant accepted employment agreement (“EA”) – Respondent…
- Result:
- Application dismissed ; Costs to lie where they fall
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Parker v Alliance Group Ltd
P Montgomery [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed respondent failed to provide safe workplace therefore no option but to resign – Respondent argued applicant justifiably dismissed for misconduct – Argued…
- Result:
- Application dismissed ; Costs reserved
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Cook Executive Recruitment 2005 Ltd v Lewis and Anor
D King [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Successful personal grievance – One day investigation meeting – Applicant sought $12,074 plus disbursements as reasonable contribution to costs – Respondents argued $1,000 as reasonable contribution to costs…
- Result:
- Costs in favour of applicant ($6,000) ; Disbursements in favour of applicant ($1,33.14)
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Kumar v Hobden Screen Art 2007
J Wilson [Employment Relations Authority - Auckland]
- Summary:
- CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
- Result:
- Consent order granted ; Orders accordingly ; No order for costs
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Li v Deans International Ltd
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed without warning – Respondent argued dismissal justified as applicant on probationary period and performance unsatisfactory – Applicant employed on probationary period – Performance…
- Result:
- Applications granted ; Arrears of wages ($480) ; Reimbursement of lost wages ($3,360) ; Compensation for humiliation etc ($2,750) ; Interest (4.5%) ; Disbursements in favour of applicant ($70)(Filing fee)
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Kain v Parnell Laboratories New Zealand Ltd
V Campbell [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – No appearance for respondent - Applicant claimed redundancy substantively and procedurally unjustified – Respondent advised employees intention to develop new strategy due to financial reasons…
- Result:
- Applications granted ; Counterclaim dismissed ; Arrears of wages ($2,194.85)(Commission payments)(Bonus payments) ; Arrears of holiday pay ($1,764.11) ; Recovery of monies ($509.96) Interest (4.5%)(Payable on arrears of wages)(Payable on arrears of holiday pay)(Payable on reimbursed deduction) ; Reimbursement of lost wages ($31,104.65) ; Reimbursement of lost benefits ($1,083.33)(Lost use of company car) ; Compensation for humiliation ($10,000) ; Costs in favour of applicant ($4,000)
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Stockman v Protective Paints Ltd
D King [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Unsuccessful personal grievance – One day investigation meeting – Respondent sought costs of $4,500 – Respondent claimed investigation meeting lasted for one and half days therefore higher costs…
- Result:
- Costs in favour of respondent ($3,000) ; Disbursements in favour of respondent ($110)(Typing services)
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Defigueiredo v Mayfield Engineering (2000) Ltd & Anor
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- CONSENT ORDER - Managing director joined personally as party to matter by consent - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
- Result:
- Consent order granted ; Orders accordingly ; No order for costs
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Janor v Capital Air Conditioning and Refrigeration Ltd t/a Temperature Solutions
D Asher [Employment Relations Authority - Wellington]
- Summary:
- COSTS - Unsuccessful personal grievance - Half a day investigation meeting - Respondent claimed applicant’s solicitors had not responded to approaches regarding costs - Claimed costs almost always followed the…
- Result:
- Costs in favour of respondent ($750)
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McArthur v Logan Park High School Board of Trustees
M Urlich [Employment Relations Authority - Christchurch]
- Summary:
- COSTS - Less than half day investigation meeting - Unsucessful challenge by applicant in substantive determination - Authority found no reason to depart from principle that costs should follow the…
- Result:
- Costs in favour of respondent ($3,500)