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Duncan v Harveys Floor Pride Ltd
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE – First respondent correct party to proceedings - UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed no genuine redundancy, procedure flawed and breach of good faith obligations –…
- Result:
- Application granted ; Reimbursement of lost wages ($8,034)(3 months) ; Compensation for humiliation ($5,000) ; Costs reserved
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Eastern Bay Independent Industrial Workers Union & Anor v ABB Ltd & Ors
J Wilson [Employment Relations Authority - Auckland]
- Summary:
- COMPLIANCE ORDER – Applicants sought compliance with collective employment agreement (“CEA”) – Applicants claimed first respondent (“ABB”) breached CEA by failing to enter into redundancy consultations with applicant – CEA…
- Result:
- Application dismissed ; Costs reserved
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Latunipulu v Veda Advantage (NZ) Ltd
L Robinson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – Serious misconduct – Respondent a credit reporting agency that employed applicant – Baycorp (“B”) a client of respondent – Previously B and respondent part of same company…
- Result:
- Application granted ; Reimbursement of lost wages (3 weeks) ; Compensation for humiliation etc ($8,000) ; Costs reserved
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Hamon v Coromandel Independent Living Trust
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Constructive dismissal – Abandonment - Applicant claimed constructively dismissed following disagreement between parties regarding applicant’s role – Applicant alternatively claimed misrepresentation inducing employment agreement (“EA”) – Applicant…
- Result:
- Application dismissed ; Costs reserved
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Peel v Auckland Construction Equipment Ltd
D King [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent received formal compliant from staff member (“C”) - Respondent later received similar complaints from other staff - First meeting held – Applicant advised…
- Result:
- Application dismissed ; Costs reserved
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Fleet v Idea Services Ltd
V Campbell [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent received complaints from two service users (“A” and “B”) that applicant acted inappropriately and used inappropriate language towards them and other service users…
- Result:
- Application dismissed ; Costs reserved
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Shale v Enduring Sales Ltd
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE - Application to reopen Authority investigation - Applicant sought recall of determination ordering respondent pay applicant's costs but declining to make order joining respondent's director (L") to…
- Result:
- Application declined
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Davis v Family Start Manukau
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance claim - One and a half day investigation meeting - Respondent sought costs - Applicant did not respond - Respondent incurred actual costs of $7,419…
- Result:
- Costs in favour of respondent ($3,000)
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Hughes v Primary Care Development Solutions Ltd
D Asher [Employment Relations Authority - Wellington]
- Summary:
- JURISDICTION - Whether employee or independent contractor - Respondent argued intended applicant be engaged as contractor under contract of service that applicant refused to sign - Respondent argued employment agreements…
- Result:
- Application granted ; Costs reserved
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Christchurch Polytechnic Institute of Technology v Academic Staff in Tertiary Education
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- DISPUTE – Interpretation of collective employment agreement (“CEA”) – Clause stated applicant to grant leave on full pay to employees required as members or in their formal capacity to attend…
- Result:
- Questions answered in favour of applicant ; Costs reserved