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Kelly and Anor v Lodge at 199 Ltd
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION – Whether employee or independent contractor – No appearance for second applicant – Applicants claimed respondents failed to pay salary, holiday pay, and allowances – Authority found nothing intrinsically…
- Result:
- Application dismissed ; Costs reserved
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Miller v Fonterra Co-Operative Group Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – After applicant resigned, charged with offences relating to erroneous export entries – Applicant discharged without conviction – Applicant…
- Result:
- Application granted ; Matter removed to Court ; Costs reserved
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A v B
J Crichton [Employment Relations Authority - Wellington]
- Summary:
- INJUNCTION – Application for interim reinstatement – Length of service 16 years – Applicant provided employment advice to senior employee (“E”) of client of respondent - Part way through conversation…
- Result:
- Application dismissed ; Costs reserved
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Bergman v Pascoe Enterprises (2000) Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged when respondent altered hours of work and rate of pay to that not in accordance with employment agreement (“EA”) – Upon applicants return…
- Result:
- Applications granted (Disadvantage) (Dismissal) ; Reimbursement of lost wages ($1260) ; Compensation for humiliation etc ($5,000) (Dismissal) ; Costs reserved
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Douglas v Franklin Plumbers and Builders Supplies Ltd
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- RAISING PERSONAL GRIEVANCE – Applicant claimed personal grievance raised within 90 days – Respondent requested applicant to attend disciplinary meetings – Applicant challenged respondent’s justifications for actions taken – Applicant…
- Result:
- Application granted ; No order for costs
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Hughes-Sparrow v Rug Doctor (New Zealand) Ltd
L Robinson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy procedurally and substantively unjustified – Respondent argued followed fair redundancy process – Respondent held presentation on restructure proposal and expressly notified applicant…
- Result:
- Application dismissed (Unjustified dismissal) ; Application granted (Arrears of Wages) ; Arrears of wages ($521.35) ; Costs reserved
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Murphy v Airdrie Towing (2007) Ltd and Ors
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- COMPLIANCE ORDER – Settlement agreement stated respondents to pay applicant $4,000 – Full payment not made by date specified in agreement – Applicant claimed respondents’ default meant agreement null and…
- Result:
- RESULT: Compliance ordered ; Disbursements in favour of applicant ($70)(filing fee)
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Horomia v Birch Logging Ltd
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF WAGES AND HOLIDAY PAY - Applicant claimed arrears of wages and holiday pay owed since respondent ceased trading - Respondent accepted sums owed - Respondent claimed unable to…
- Result:
- Application granted ; Arrears of wages and holiday pay ($3735.26) ; Interest ($132.62) ; Interest (4.8%) ; Disbursements in favour of applicant ($70)(Filing fee)
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Smith v Accident Compensation Corporation
P Montgomery [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE – Applicant claimed respondent’s failure to promptly respond to applicant’s job application breached employment agreement (“EA”) – Respondent argued correct procedures followed – EA provided respondent required to…
- Result:
- Application granted ; Compensation for humiliation etc ($2,500) ; Costs awarded in favour of applicant ($2,000)
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John v Airways Corporation of New Zealand Ltd
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Incapacity - Applicant transferred from largely non operational position at Wellington Tower to operational role at Nelson Tower - Applicant had to undergo training…
- Result:
- Application dismissed ; Costs reserved