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Waitai and Ors v Chief Executive of the Department of Corrections
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- RAISING PERSONAL GRIEVANCE – Applicants claimed personal grievance raised within 90 days – Respondent argued substance of communications did not meet s114(2) Employment Relations Act 2000 (“ERA”) – Applicants dismissed…
- Result:
- Application granted ; Costs reserved
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Attrill v Green Cabs Ltd
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed constructively dismissed following improper business conduct by respondent – Applicant entered into business arrangements with respondent and third party – Applicant…
- Result:
- Application granted (Arrears of wages) ; Application dismissed (Unjustified dismissal) ; Arrears of wages ($875) ; No order for costs
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Owles v The Travel Practice Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- COSTS - No appearance for respondent - Successful personal grievance - Less than one day investigation meeting - Applicant sought full costs award of $1,681 - Authority found matter not…
- Result:
- Costs in favour of applicant ($1,000)
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Perkin v McCabe t/a McCabe Silviculture
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- COSTS - Successful personal grievance - One day investigation meeting - Applicant sought actual costs of $5,629 - Respondent submitted eight days before investigation meeting, respondent offered applicant written apology…
- Result:
- Costs in favour of applicant ($2,000) ; Disbursements in favour of applicant ($70)(filing fee)
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Wratt v Gillespie t/a The Royal Hotel
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Whether dismissed or resigned on own accord – Misunderstanding about whether hours subject to seasonal adjustment – No employment agreement – Applicant argued unilateral variation of hours…
- Result:
- Application dismissed ; Arrears of wages ($643.58) ; Costs to lie where they fall
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Channing & Anor v Reid (Labour Inspector)
R A Monaghan [Employment Relations Authority - Auckland]
- 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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Wilkie & Anor v Hughes & Anor
V Campbell [Employment Relations Authority - Auckland]
- Summary:
- COMPLIANCE ORDER - Applicants sought compliance with Authority determination AA 114/09 - Respondents not replied to applicants demands for compliance - Authority warned respondents at risk of serious consequences -…
- Result:
- Compliance ordered ; Disbursements in favour of applicants ($70)(filing fee)
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Fleming v Delamore & Reidy Mental Health Community Support Services Ltd
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Unsuccessful personal grievance claim – Two day investigation meeting – Respondent sought full solicitor-client costs and disbursements totalling $37,614 – Respondent claimed applicant’s unmeritorious claims increased costs –…
- Result:
- Costs in favour of respondent ($1,000)
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Owen v The Public Trust
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- INJUNCTION – Application for interim reinstatement – Length of service of 40 years – Respondent argued applicant dismissed for breaching code of conduct related to complaint received about applicant from…
- Result:
- Application dismissed ; No order for costs
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Burgess v Rustling Leaves Ltd t/a Heffs Hotel
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- BREACH OF CONTRACT – Applicant claimed respondent failed to honour agreement to pay four weeks’ wages – Applicant claimed compensation for respondent’s delay in engaging investigation – Respondent claimed half…
- Result:
- Application granted ; Damages ($1,328.36)(four weeks’ wages) ; Penalty ($2,000)(payable to applicant) ; Costs to lie where they fall