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New Zealand Dairy Workers Union Te Runanga Wai U v Tatua Co-operative Dairy Company Ltd
L Robinson [Employment Relations Authority - Auckland]
- Summary:
- DISPUTE – Applicant sought compliance with clause in collective employment agreement (“CEA”) – Respondent disputed applicant’s interpretation of CEA – Clause in CEA (“clause”) provided for entitlements to special holidays…
- Result:
- Orders made ; No order for costs
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Patel & Anor v Patel & Ors
M Urlich [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION – Translator assisted investigation - Respondents argued applicants volunteers not employees – Applicants claimed recently immigrated with young children and entered agreement to work in respondents’ store at rate…
- Result:
- Applications granted ; Arrears of wages (quantum to be determined) ; Arrears of holiday pay (quantum to be determined) ; Interest (4.79%) ; Penalty ($2,000)(payable to applicants and Crown jointly) ; Orders made ; Costs reserved
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Lawrence v European Specialists Ltd
M Urlich [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed following series of unjustified written warnings – Respondent alleged theft amounting to serious misconduct – Employment relationship deteriorated – Applicant…
- Result:
- Application granted (Unjustified disadvantage) ; Application dismissed (Unjustified dismissal) ; Compensation for humiliation etc ($6,000)(First written warning) ($2,000)(Second written warning) ; Costs reserved
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Wiegerinck v Farmers Trading Company Ltd
V Campbell [Employment Relations Authority - Auckland]
- Summary:
- RECOVERY OF MONIES - Applicant claimed commission payments incorrectly calculated in accordance with employment agreement (EA") - Applicant sought recalculation of commission payments - Authority noted onus on applicant to…
- Result:
- Application dismissed ; Costs reserved
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Lambert v Hawkes Bay Today Ltd
D Asher [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed respondent breached duty to provide safe workplace making resignation reasonably foreseeable – Respondent argued all reasonable steps taken to…
- Result:
- Application dismissed ; Costs reserved
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Pollock v Aotearoa Coolstores Ltd & Anor
D Asher [Employment Relations Authority - Wellington]
- Summary:
- COMPLIANCE ORDER - Applicant successful in earlier determination - Applicant awarded compensation, lost wages, and contribution to costs - Applicant sought second respondent be directed to ensure compliance by first…
- Result:
- Compliance ordered ; Costs in favour of applicant ($1254.96)
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Chisholm v Ministry of Social Development
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- RAISING PERSONAL GRIEVANCE – 28 years employment – Applicant claimed unjustified disadvantage and breach of contract – Respondent argued grievances not raised in time and did not unjustifiably disadvantage applicant…
- Result:
- Applications dismissed ; Costs reserved
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McGruther v Events Security Services Ltd
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Triangular employment – No appearance for respondent – Authority satisfied respondent on notice of investigation meeting and had to bear consequences for non-appearance – Applicant employed by…
- Result:
- Applications granted ; Reimbursement of lost wages ($3,840.00) ; Compensation for humiliation etc ($5,000) ; Arrears of holiday pay ($364.80) ; Interest ($18.06) ; Penalty ($1,000) (Payable to crown) ; Costs in favour of applicant ($1,500) ;
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Simich & Ors v Air New Zealand Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – International Civil Aviation Organisation amendment 167 allowed pilots to hold pilot in command (“PIC”) positions to age of…
- Result:
- Application granted ; Costs reserved
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Poulter v Anitpodean Growers Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful jurisdiction claim - Half day investigation meeting - Respondent sought contribution to reasonably incurred costs of $4,600 - Applicant claimed personal belongings under control of respondent’s lawyers…
- Result:
- No order for costs