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Adlam v National Advocacy Trust Nationwide Health & Disability Advocacy Service and Ors
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- RAISING PERSONAL GRIEVANCE – Unjustified dismissal – Applicant claimed grievance raised within 90 days with first respondent (“NAT”) – Applicant alternatively claimed exceptional circumstances and overall justice favoured granting of…
- Result:
- Applications dismissed ; Counterclaim granted (Penalty)($500)($400 Payable to third respondent)($100 Payable to second respondent) ; Costs reserved
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Beach v Environua Community Trust
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- COMPLIANCE ORDER - Applicant sought compliance with mediated settlement - Respondent’s Board dissolved before all payments under settlement agreement made - New Board unaware some payments outstanding - Respondent undertaken…
- Result:
- Compliance ordered ; No order for costs
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Feary v Transpacific Industries Ltd
J Crichton [Employment Relations Authority - Christchurch]
- 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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McDonald v Be Gorgeous New Zealand Ltd
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE – Identity of respondent – Applicant’s first employment agreement (“EA”) with Gorgeous Hair New Zealand – Employment relationship transferred to respondent following ownership restructure – Respondent presented…
- Result:
- Applications granted ; Arrears of wages ($1072) ; Reimbursement of expenses incurred by employee ($485) ; Disbursement in favour of applicant ($70)(Filling fee)
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Burrowes v Electronics Boutique Australia PTY Ltd
P Montgomery [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Applicant claimed unjustified suspension and delay in return to workplace caused disadvantage – Applicant claimed subsequently constructively dismissed - Applicant gave work cash card…
- Result:
- Applications granted ; Reimbursement of lost wages ($1603.27) ; Compensation for humiliation etc ($6,500 reduced to $5,200) ; Costs reserved
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Hooton v Keeley t/a WOF Testing Station
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- COMPLIANCE ORDER - Applicant sought compliance with mediated settlement - Respondent claimed in financial difficulty and making best efforts to raise money owed - Respondent admitted failure to comply and…
- Result:
- Compliance ordered ; Orders made ; Costs in favour of applicant ($200) ; Disbursements in favour of applicant ($70)
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X v Y Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- INJUNCTION – Applicant sought interim declaration and orders – Application heard under urgency – Balance of convenience likely to favour respondent provided relevant aspects of undertaking implemented - Application for…
- Result:
- Application dismissed (interim injunction) ; Orders made ; Costs reserved
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Marfell v Affco NZ Ltd
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent conducted random drug search in accordance with collective employment agreement (“CEA”) - In applicant’s car, dog handler (“W”) located tin containing cannabis and…
- Result:
- Application dismissed ; Costs reserved
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Schmidt v Webster Group Ltd
D King [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Abandonment - Redundancy – Applicant claimed unjustifiably dismissed without notice – Respondent claimed no dismissal – Respondent under financial difficulties following decline of business – Respondent held…
- Result:
- Application dismissed ; Costs reserved
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Reid (Labour Inspector) v Barmuda Ltd
D King [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF HOLIDAY PAY – Applicant alleged respondent failed to pay former employee (“M”) holiday pay during thirteen months of employment – Employment ceased five years prior – Applicant sought…
- Result:
- Application granted ; Holiday pay (quantum to be determined) ; Interest (5.7%) ; Costs reserved