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Chin v Yong t/a Yong & Co Chartered Accountants
L Robinson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged badly treated by respondent and his business advisor - Respondent loaned applicant's husband (JC") significant sum and agreed to keep loan secret -…
- Result:
- Application granted ; Reimbursement of lost wages ($3,653.85)(5 weeks) ; Compensation for humiliation etc ($5,000) ; Arrears of holiday pay ($2,192.31) ; Interest (9%) ; Costs reserved
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Mulligan v Kelly
P Montgomery [Employment Relations Authority - Christchurch]
- Summary:
- COSTS - Successful personal grievance - 3 1/2 hour investigation meeting - Applicant sought full representative/client costs of $6,023 including significant disbursements of about $2,000 - Applicant alleged respondent unhelpful…
- Result:
- Costs in favour of applicant ($2,000)
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Q v Vice Chancellor of the University of Auckland
D King [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE - Application for removal to Employment Court - Applicant sought removal of two matters: whether grievance raised within 90 days and application for leave to raise personal…
- Result:
- Application dismissed ; Costs reserved
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03 October 2006
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AA 311/06
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Worrall v R Hannah & Co Ltd
J Scott [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Redundancy - Respondent closed applicant's branch - Applicant declined positions at other branches because of travel involved - Believed respondent should have discussed possibility of role for…
- Result:
- Application dismissed ; Costs reserved
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Crawford v M Torok Holdings Ltd t/a The Sharing Shed
D King [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION - Whether employee or independent contractor - Agreement between parties stated relationship not one of employment - Income commission based although applicant sometimes received daily rate - Measure of…
- Result:
- Application granted ; Costs reserved
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Association of University Staff Inc v Vice-Chancellor of the University of Auckland
D King [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE - Application for removal to Employment Court - Applicant alleged respondent repeated conduct previously held to be illegal by Court - Also alleged breach of good faith…
- Result:
- Application dismissed ; Costs reserved
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Tairi v Bay of Plenty District Health Board
J Scott [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Personal grievance struck out - Respondent submitted award of costs should be higher than usual given applicant's delay in progressing claim, redrafts required to Statement of Problem…
- Result:
- Costs to lie where they fall
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Gutsell v Koru Blue Ltd t/a Airport Lodge Motel
P Montgomery [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Applicant employed as motel cleaner - Motel subsequently purchased by respondent – Sale and purchase agreement acknowledged that under Employment Relations Act 2000 employees entitled…
- Result:
- Application granted ; Reimbursement of lost wages ($500)(3 weeks) ; Compensation for humiliation etc ($2,500) ; Arrears of holiday pay (6 percent of lost wages) ; Costs reserved
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Jeong v Hanyang Corporation Ltd
J Scott [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Constructive dismissal – Alleged respondent failed to have systems in place to protect employees from violence – Group from respondent’s business went out to…
- Result:
- Application granted (unjustified disadvantage) ; Reimbursement of lost wages (2 weeks) ; Compensation for humiliation etc ($5,000) ; Application dismissed (unjustified dismissal and other claims) ; Costs reserved
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Nortje v Encos Global Systems Ltd
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- COMPLIANCE ORDER - Applicant sought compliance with mediated settlement - Respondent failed to engage with Authority in any meaningful way or even give own representative proper instructions - No statement…
- Result:
- Compliance ordered ; Interest (7%) ; Disbursements in favour of applicant ($70)(Filing fee)