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Simpson v Macjane Trading Ltd
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Misconduct – Applicant purchased guitar which it subsequently transpired had been stolen an hour beforehand – Respondent argued applicant failed to use usual diligence and skill in…
- Result:
- Application dismissed ; Costs reserved
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Macfarlane and Anor v Callery Holdings Ltd
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicants resigned following altercation with director – First applicant expected to have larger role in strategic management – First applicant punctured tyre on front…
- Result:
- Application dismissed ; Costs to lie where they fall
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Provida Foods Ltd v Davidson and Anor
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OR WAGES – First respondent sought repayment of deductions made from final pay and payment in respect of 30 days’ long service leave – Amount owed not disputed except…
- Result:
- Application granted ; Penalty payable to applicant ($1,000)(breach of restraint of trade) ($1,000)(aiding and abetting breach of restraint of trade) ; Interest (4.8%) ; Costs reserved
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Riosa v NRG Electrical Ltd
M Urlich [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Poor performance – Applicant claimed unjustified dismissal – Respondent argued business grew quickly and applicant unable to keep up with growing demands of role – Meeting held…
- Result:
- Applications dismissed ; Costs reserved
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Nichols v Timbertech (2004) Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- DISPUTE – Applicant argued entered employment relationship in reliance on representations of obtaining equity share in company – Applicant claimed accepted reduced salary in reliance on offer of equity share…
- Result:
- Question answered in favour of respondent ; Costs reserved
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Guida v Ogilvy New Zealand Ltd
J Wilson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Redundancy - Respondent purchased applicant’s advertising agency - Applicant became employee of respondent for three year fixed term - Purchase price was initial payment followed by three…
- Result:
- Application granted ; Compensation for humiliation etc ($15,000) ; Costs reserved
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Cao and Anor v Global Horticulture & Verticulture Ltd and Anor
D Asher [Employment Relations Authority - Wellington]
- Summary:
- CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - 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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Williams v Eisenhart
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- ARREARS OF HOLIDAY PAY – ARREARS OF WAGES – No appearance for respondent – Applicant sought arrears of holiday pay – Authority found based on respondent’s admission, holiday pay due…
- Result:
- Application granted (Arrears of holiday pay) ; Application dismissed (Arrears of wages) ; Arrears of holiday pay ($400) ; Costs in favour of applicant ($200) ; Disbursements in favour of applicant ($70)(Filing fee)
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Redshaw v Auckland City Council
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- BREACH OF CONTRACT – Applicant claimed respondent breached employment agreement (“EA”) by paying applicant at lesser salary base than contractually entitled to – Respondent argued no breach as new salary…
- Result:
- Application granted ; Arrears of wages (Quantum to be determined) ; Application dismissed (Penalty) ; Costs reserved
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Mazrouaa v Kordia Ltd
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant returned to work 11 days late from period of annual leave – Applicant argued subject to prior discrimination which affected decision to dismiss…
- Result:
- Application dismissed ; Costs reserved