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Electrical Union Inc and Ors v Transfield Services (New Zealand) Ltd
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- BARGAINING – Good faith – Compliance order – Application for removal – Applicants sought respondent’s compliance with s4 Employment Relations Act 2000 – Secondly sought interim order respondent desist implementing…
- Result:
- Applications dismissed ; Costs reserved
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Masoe v Te Roopu Awhina Ki Porirua Trust
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- INTERIM INJUNCTION – Application to restrain respondent from taking further disciplinary action against applicant – Former employee (“X”) made formal complaints against applicant – Respondent’s manager (“T”) investigated complaints –…
- Result:
- Application granted ; Costs reserved
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Borman v The Director-Genral of Health
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustified disadvantage – Claimed failure to ensure safety at work breached employment agreement – Claimed respondent breached good faith obligations – Respondent underwent restructuring process…
- Result:
- Applications dismissed ; Costs reserved
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Taylor v Prysmian Power Cables and Systems New Zealand Ltd
Y S Oldfield [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Unsuccessful personal grievance – One day investigation meeting – Respondent sought full solicitor-client costs of $17,500 – Respondent claimed valid Calderbank offer made therefore applicant could have avoided…
- Result:
- Costs in favour of respondent ($6,000)
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Saunders v Northland Spars and Rigging Ltd
Y S Oldfield [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Successful personal grievance – Length of investigation meeting not specified – No remedies awarded to applicant in earlier determination due to applicant’s contributory conduct – Applicant sought $4,186…
- Result:
- Costs to lie where they fall
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Thompson v Dundee Lumber Ltd
Y S Oldfield [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Successful personal grievance – Length of investigation meeting not specified – Applicant sought costs and disbursements totalling $2,458 – Applicant claimed entitled to disbursements for travel expenses –…
- Result:
- Costs in favour of applicant ($800) ; Disbursements in favour of applicant ($300)(Travel expenses) ($70)(Filing fee)
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Leathard v S&S Foods Ltd
Y S Oldfield [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Unsuccessful personal grievance – Successful counterclaim – Two day investigation meeting – Respondent sought $8,000 contribution to costs – Respondent argued Calderbank offer made therefore applicant should bear…
- Result:
- Costs in favour of respondent ($3,000)
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Kaiwai v Fresh Connection Ltd
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL - Constructive dismissal – Applicant claimed resigned under duress from respondent – Respondent argued no duress and resignation voluntary – Applicant had history of punctuality problems and unexplained…
- Result:
- Application dismissed ; Costs reserved
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Abbott v Fresh Connection Ltd
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed after altercation – Respondent argued no dismissal and sought to clarify confusion over applicant’s employment status – Applicant told co-worker (“M”) employment at…
- Result:
- Application dismissed ; Costs reserved
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Knight v Offshore Marine Services (NZ) Ltd
D Asher [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL- Serious misconduct – Applicant claimed dismissal unjustified – Respondent argued followed fair procedures therefore entitled to conclude serious misconduct for negligence or gross incompetence – Applicant instructed to…
- Result:
- Application dismissed ; Costs reserved