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Stockman-Quicke v Jeanette Wilson Ltd and Anor
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- PRACTICE AND PROCEDURE – Identity of employer – Statement of problem named Jeanette Wilson Ltd (“company”) and Dharmic Trust (“trust”) as respondents – “JW” was one of trust’s trustees and…
- Result:
- Applications dismissed (arrears of holiday pay)(arrears of wages)(recovery of monies) ; Costs to lie where they fall
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David O'Neill Contracting Ltd v Labour Inspector (Henning)
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE – Applicant lodged objection to respondent Labour Inspector’s demand notice – Demand notice sought payment of annual and statutory holiday pay – Applicant’s first ground of objection…
- Result:
- Application dismissed ; Arrears of holiday pay ($9,271.56) ; Costs reserved
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Temperzone Ltd v Joy
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- INTERIM INJUNCTION - Mareva injunction - Ex-parte application - Applicant claimed respondent acted in breach of contractual and statutory duty of good faith by receiving secret commission payments from applicant’s…
- Result:
- Application granted ; Orders accordingly ; Costs reserved
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Smith v Pacific Palms International Resort & Golf Club Ltd
L Robinson [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION – Whether employee or independent contractor – Credibility finding in favour of applicant – Respondent’s director (“A”) established company (“B&B”) with applicant and wife as directors and shareholders –…
- Result:
- Application granted ; Reimbursement of lost wages ($72,000) ; Arrears of wages ($117,750) ; Interest (10%) ; Compensation for humiliation etc ($15,000) ; Costs reserved
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Fanto v Pacific Flight Catering Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent submitted costs figure of $7,000, comprising of $5,400 for legal costs, $1,100 for witnesses costs and…
- Result:
- Costs in favour of respondent ($500)
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Anderson v Resolution Audio Visual Consultants Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought contribution to costs plus disbursements - Respondent's time taken up unnecessarily by voluminous reference material used to…
- Result:
- Costs in favour of respondent ($4,000)
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Lawrence v Begg & Anor
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF WAGES – No appearance by respondent – Authority found no good cause for failure to attend investigation meeting – Applicant sought to recover unpaid wages and interest –…
- Result:
- Application granted ; Arrears of wages ($2911.55) ; Interest ($195.81) ; No order for costs
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Malborough Mortgages Ltd t/a Mike pero Mortgages - Marlborough v Nichols
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- COMPLIANCE ORDER – RESTRAINT OF TRADE – Applicant sought order respondent comply with restraint of trade provisions in individual employment agreement (“IEA”) and cease working for new employer National Bank…
- Result:
- Compliance declined ; Orders accordingly ; Costs reserved
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Smith & Anor v Career Engineer Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Supplementary costs decision - Previous costs award in favour of respondent for $750 - Applicant submitted did not receive opportunity to respond to respondent's costs claims for breach…
- Result:
- Application dismissed ; No order for costs
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A v B and C & Anor
M Urlich [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE - Identity of employer - Applicant named first respondents personally as employer in Statement of Problem - First respondents claimed applicant employed by second respondent company -…
- Result:
- Application dismissed ; Costs reserved