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Smith v Datamail Ltd
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL – Applicant claimed unjustified dismissal because respondent failed to carry out thorough investigation of serious misconduct –Investigation conducted into failure to verify data as part of job description…
- Result:
- Application dismissed ; Costs reserved
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Chan v G.S. McLauchlan & Co
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL - No appearance for applicant - Applicant raised grievance and proceedings lodged with Authority - Respondent in statement in reply argued justifiably dismissed applicant - Authority attempted to…
- Result:
- Application dismissed ; No order for costs
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Terry v FLV Holdings Ltd
P Cheyne [Employment Relations Authority - Christchurch]
- 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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Zhang v Scenic Circle Hotels Ltd
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- COSTS – Successful personal grievance – ï¾½ day investigation meeting – Applicant sought costs at low end of daily tariff due to use of union’s in-house counsel – Respondent argued…
- Result:
- Costs in favour of applicant ($750) ; Disbursements in favour of applicant ($430.68)
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Davies v Rinke Design Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Applicant argued redundancy imposed to avoid obligation to pay commission – Authority found respondent did not seek to deprive applicant access to commissions – …
- Result:
- Application granted (unjustified dismissal) ; Compensation for humiliation etc ($4,000) ; Application dismissed (penalty) ; Costs reserved
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Eslamy v Kiwifones Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Whether dismissed or abandoned employment – Applicant commenced work without written employment agreement – Parties to discuss terms of employment – Respondent failed to respond to applicant’s…
- Result:
- Application dismissed (unjustified dismissal) ; Application granted (arrears of wages) ; Arrears of wages ($1,538.46) ; Interest (3%) ; Costs reserved
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Rosenberg v Air New Zealand Ltd
L Robinson [Employment Relations Authority - Auckland]
- Summary:
- BREACH OF CONTRACT – Applicant claimed respondent failed to provide healthy and safe workplace, breaching implied term of employment agreement (“EA”) - Authority found applicant suffered serious harm by breakdown,…
- Result:
- Applications granted (breach of contract)(dismissal) ; Breach of contract (quantum to be determined) ; Unjustified dismissal (quantum to be determined) ; Costs reserved
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Dodge v Village Inn Ltd
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Applicant agreed with co-worker’s (“S”) evidence that applicant and S flirted by way of text message – S complained to manager (“B”) about text messages – Applicant…
- Result:
- Applications dismissed (Dismissal)(Disadvantage) ; Arrears of holiday pay (Quantum to be determined) ; Costs reserved
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CH Commercial Cleaning Ltd v Brown and Anor
P Montgomery [Employment Relations Authority - Christchurch]
- Summary:
- GOOD FAITH – BREACH OF CONTRACT – Applicant alleged breach of implied and statutory duties of good faith and breach of terms of settlement – No employment agreement – First…
- Result:
- Application granted in part ; No order for costs
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Latham v The Adventure Centre Ltd
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Short term employment – Applicant attended respondent’s premises where interviewed and offered employment – Applicant failed to turn up to work on day expected – Respondent argued…
- Result:
- Application dismissed ; Costs reserved