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Toroa v Department of Labour
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- PARENTAL LEAVE – Applicant sought determination on respondent’s ruling deeming applicant ineligible for paid parental leave – Applicant took legal guardianship of child through Parenting and Guardianship Orders – Applicant…
- Result:
- Application dismissed ; Costs reserved
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D v M
P Montgomery [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious misconduct - Summary dismissal - Applicant lived and worked on respondent's farm - No written employment agreement - Respondent’s son claimed applicant sexually abused him –…
- Result:
- Application granted ; Reimbursement of lost wages ($6,571)(4 months) ; Arrears of holiday pay ($917.30) ; Interest (9.5%) ; Compensation for humiliation etc ($12,000) ; Costs reserved
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Allott v Transition to Work Trust
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL - Redundancy - Applicant’s position made redundant when respondent lost funding - Applicant’s argument should not have subject to restructuring as programmes she worked on unaffected by lost…
- Result:
- Application granted : Reimbursement of lost wages ($7,500) ; Compensation for humiliation etc ($11,000) ; Disbursements in favour of applicant ($70)(Filing fee)
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MacKenzie v Ogilvy New Zealand Ltd t/a Advertising Works Ogilvy Ltd
M Urlich [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant sought contribution of $2026 to total costs of $3,070 - Submitted matter could have been settled…
- Result:
- Costs in favour of applicant ($2,000) ; Filing fee ($70)
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Forsyth v Telstraclear Ltd
L Robinson [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful dispute - One day investigation meeting - Respondent sought contribution of $7,725 to total costs of $13,440 - Applicant submitted award should be modest as facts came…
- Result:
- Costs in favour of respondent ($3,000)(including disbursements)
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Metua v Independent Liquor (NZ) Ltd
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFED DISMISSAL – Serious misconduct – Applicant verbally abused and physically assaulted by co-worker – Reported incident and allowed to go home – As he left, intentionally damaged co-worker’s car…
- Result:
- Application dismissed ; Costs reserved
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Clark v Dargaville High School Board of Trustees
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- JURISIDICITON - Whether Authority could consider all of applicant’s claims - Applicant alleged constructively dismissed - Previously commenced proceedings in District Court alleging respondent negligent in duty of care to…
- Result:
- Orders accordingly ; Costs reserved
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Griffin v Priestley and Somerville Ltd (previously named Debt Recovery Group NZ Ltd)
M Urlich [Employment Relations Authority - Auckland]
- Summary:
- COMPLIANCE ORDER - Applicant sought compliance with record of settlement - Respondent did not dispute failure to fulfil settlement obligations - Advised liquidator to be appointed to wind up company…
- Result:
- Compliance ordered ; Penalty ($1,000)(Payable to Crown) ; Costs in favour of applicant ($2,500) ; Disbursements ($157.50)(Expenses) ; ($70)(Filing fee)
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Hazelden v Howick Village Optometrists Ltd
M Urlich [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged pressured to return to work before injury healed and faced unfair scrutiny upon return - Claimed respondent’s management of issues around injury,…
- Result:
- Application dismissed ; Counterclaim dismissed ; Costs reserved
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F Fabbian Lighting (NZ) Ltd v La Cava & Anor
L Robinson [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Application for removal to Employment Court – Preliminary issue determined by Authority challenged in Employment Court – Authority not persuaded question of law important or that…