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Van Daal v Calibre Boats NZ Ltd
Y S Oldfield [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Constructive dismissal – No appearance for respondent – Respondent part of umbrella company – Applicant claimed constructively dismissed following breach of good faith – Applicant employed by…
- Result:
- Application granted (Arrears of holiday pay) ; Application dismissed (Dismissal); Arrears of holiday pay ($7,384.62) ; Costs reserved
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James v Clarke
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Respondent to pay applicant $650 by cheque
- Result:
- Consent order granted ; Orders accordingly ; No order for costs
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Hose Supplies (New Zealand) Ltd v Ryan and Anor
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- INTERIM INJUNCTION – Restraint of trade – Respondent’s former employees of applicant – Applicant claimed respondents breached, duty of fidelity, confidence, contract, and good faith – Applications consolidated – Applicant…
- Result:
- Applications dismissed ; Costs reserved
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Adams v NYK Logistics Ltd
L Robinson [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF WAGES – Applicant sought declaration failure to review performance breached employment agreement (“EA”) – Authority found EA breached and confirmed allegation – However no personal grievance raised within…
- Result:
- Application partially granted ; Arrears of wages ($300)(Bonus) ; Costs reserved
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Whitten v Ogilvy New Zealand Ltd
L Robinson [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful applications for removal and referral of question of law to Employment Court - No investigation meeting - Applicant sought full indemnity costs of $8,772 - Claimed Authority…
- Result:
- Costs in favour of applicant ($4,386)
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Argue v Premier Horse Transport (2007) Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious misconduct – Less than one month’s employment – Applicant took company vehicle for personal use without advising respondent or seeking permission – Applicant dismissed after disciplinary…
- Result:
- Application dismissed ; Costs reserved
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Sue & Ors v HMSC-Aial Ltd
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- BREACH OF CONTRACT - Applicants sought declaration respondent failed to provide paid break specified in employment agreement (“EA”) and so breached EA - Applicants sought order for reasonable compensation for…
- Result:
- Application dismissed ; Costs reserved
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Malan v Zealandia Horticulture Ltd
L Robinson [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION - Whether employee or independent contractor - Applicant invoiced respondent through limited liability company - Authority found arrangement solely for tax purposes - Found no contract between respondent and…
- Result:
- Application granted ; Reinstatement ordered ; Compensation for humiliation etc ($15,000 reduced to $10,000) ; Costs reserved
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Diagnostic Services Medlab Ltd v Lloydd
D King [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE - Application for removal to Employment Court (“EC”) - Respondent sought removal under s178(2)(a) and s178(2)(b) Employment Relations Act 2000 - Respondent claimed important questions of law…
- Result:
- Application dismissed ; Costs reserved
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Te Ao v The Chief Executive of the Department of Labour
P R Stapp [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant employed as mediator by respondent - Parties to mediation complained about applicant’s conduct – Alleged applicant hugged one party during caucusing, made inappropriate…
- Result:
- Application dismissed ; Costs reserved