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Bandy v Collins Homes Ltd
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – No appearance for respondent – Applicant’s position disestablished due to absence of paying work – Authority found redundancy genuine – Applicant argued dismissal for redundancy…
- Result:
- Application dismissed (Unjustified dismissal) ; Application granted (Arrears) ; Arrears of holiday pay ($1,134) ; Arrears of wages ($3,402) ; Arrears of wages for travel ($1,617) ; Costs in favour of applicant ($1,000)
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Faalavaau v Stonex Systems Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTITIED DISMISSAL – Poor performance – Respondent argued applicant did not follow documented procedures – Respondent alerted applicant to number of basic clerical errors in informal setting – Applicant continued…
- Result:
- Application dismissed ; Costs reserved
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Plank v Northland Vegetation Control Trust
Y S Oldfield [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant argued resignation amounted to constructive dismissal – Respondent disputed dismissing applicant – Respondent received customer complaints about applicant’s performance – Authority found respondent…
- Result:
- Application dismissed ; Costs reserved
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Maritime Union of New Zealand v C3 Ltd
M Urlich [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful practice and procedure claim - Less than one day investigation meeting - Respondent sought $10,000 contribution to total costs of over $23,000 - Respondent claimed applicant had…
- Result:
- Costs in favour of respondent ($3,000) ; Disbursements in favour of respondent ($808.89)
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McNabb v Pertronic Industries Ltd and Anor
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- JURISDICTION – PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed employed by first and second respondent at all material times – Claimed seconded to second respondent by first…
- Result:
- Application dismissed ; Costs reserved
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North v Silverfern Farms Ltd
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 day period – Respondent argued personal grievance raised outside 90 days – Applicant suffered injury at work – Applicant sought advice…
- Result:
- Application granted ; Costs reserved
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Mansfield v Waiaua Bay Farm Ltd
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance for applicant - Respondent received complaints from guests and other employees about quality of applicant’s room servicing - Complaints raised with applicant…
- Result:
- Application dismissed ; Costs reserved
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Meenken v Rigg Zschokke Ltd
D Asher [Employment Relations Authority - Wellington]
- Summary:
- PRACTICE AND PROCEDURE – Applicant sought order preventing respondent from effecting IRD deduction notice – Applicant claimed deductions breached employment agreement (“EA”) and Wages Protect Act 1983 (“WPA”) – Claimed…
- Result:
- Application dismissed ; Costs reserved
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Mawley v Jorgensen t/a Barista the Expresso Bar
D Asher [Employment Relations Authority - Wellington]
- Summary:
- PRACTICE AND PROCEDURE – Identity of employer – Applicant claimed respondent applicant’s employer at all material times – Respondent argued company applicant’s employer – Argued respondent engaged with applicant as…
- Result:
- Question answered in favour of applicant ; Costs reserved
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Whitney v New Zealand Post Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- INJUNCTION - Application for interim reinstatement - Applicant dismissed for serious misconduct when informed respondent of theft conviction - Applicant dismissed from previous period of employment with respondent about 10…
- Result:
- Application dismissed ; Costs reserved