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M v C NZ Ltd
J Wilson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant claimed employed by respondent until advised by respondent’s owners (“C”) in United States (“US”) that dismissed – C’s solicitor advised Authority…
- Result:
- Application granted ; Reimbursement of lost wages ($8,400) ; Compensation for humiliation etc ($10,000) ; Arrears of holiday pay ($4,672) ; Costs in favour of applicant ($470) ; Interest (5 percent)
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Talbot v Gemtech Solutions Ltd
M Urlich [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed following redundancy – Respondent claimed redundancy genuine due to loss of business – Applicant invited to attend “review meeting” – Respondent…
- Result:
- Application granted (Unjustified dismissal) ; Application dismissed (Fair Trading Act); Reimbursement of lost wages (quantum to be decided) ; Compensation for humiliation etc ($6,000) ; Costs reserved
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Marsh v Chief Executive of the Department of Corrections
M Urlich [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – Applicant claimed not appointed to manager position due to unfair procedures – Applicant unsuccessfully applied for manager position – Employment agreement did not provide right to promotion…
- Result:
- Application dismissed ; Costs reserved
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Luo and Anor v Celine 2006 Ltd
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 - Order prohibiting publication of terms of settlement
- Result:
- Consent order granted ; Orders accordingly ; No order for costs
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Reeper v Glenorchy Hotel and Backpackers Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- COMPLIANCE ORDER – Applicant sought compliance with mediated settlement – No statement in reply lodged – No appearance by respondent at telephone conference – Authority issued notice of direction for…
- Result:
- Compliance ordered ; Interest (5%) ; Costs in favour of applicant ($625) ; Disbursements in favour of applicant ($70)(filing fee)
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Decom Ltd v Cleaver
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- BREACH OF CONTRACT – Applicant claimed respondent breached terms of individual employment agreement (“IEA”) when failed to return tools when employment ended – Respondent argued returned all tools responsible for…
- Result:
- Application granted ; Damages ($2894.50) ; Interest (5 percent) ; Penalty ($750.00) (Payable to applicant) ; Costs in favour of applicant ($2,000)
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Bak v Edward Kang & Wasan International Co. Ltd
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Applicant sought order that respondent company (“WIC”) and director (“K”) be personally liable for arrears of wages and holiday pay – In earlier determination, Authority made…
- Result:
- Application dismissed ; Costs reserved
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Philpott v London Ltd t/a Ladybirds for Gifts and Anor
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- JURISDICTION – Whether applicant employee or business partner – Applicant claimed was employee and entitled to arrears of wages and holiday pay for unjustified dismissal – Respondent claimed applicant business…
- Result:
- Application dismissed ; Costs reserved
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Gray v Land Transport New Zealand
D Asher [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISADVANTAGE – Applicant claimed final warning received for serious misconduct unjustified – Respondent argued fairly issued final warning – Member of public (“X”) complained to respondent that applicant implied…
- Result:
- Application granted ; Compensation for humiliation etc ($5,000)
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J Duff (labour Inspector) v Loose Ends Ltd
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- COMPLIANCE ORDER – Applicant Labour Inspector sought compliance with request for wages and time records – Respondent claimed request complied with by allowing applicant to view records on-site – Authority…
- Result:
- Compliance ordered ; Application granted ; Penalty ($5,000)(Payable to Crown) ; Costs to lie where they fall