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Dellow (Labour Inspector) v Sugrue t/a Vivo Pizzeria and Bar and Anor
D King [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF HOLIDAY PAY - Second respondent was employer - Arrears of holiday pay due and owing - Interest 7.
- Result:
- Arrears of holiday pay ($904.20) ; Interest 7.5 percent ; Penalty (Breach of s229(3)) ($4,000) ($1,000 to applicant, $3,000 to Crown) ; Penalty (Breach of Holidays Act s75) ($4,000) ($1,000 to applicant, $3,000 to Crown) ; Disbursements in favour of applicant ($70)(Filing fee)
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White v Autohaus Rotorua Ltd
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PRACTICE - Mediated settlement - Whether full and final settlement - Applicant sought to bring claim against respondent - Labour Inspector correctly declined to take matter further until…
- Result:
- Application dismissed ; No order for costs
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Upathep v Taksina Ltd
L Robinson [Employment Relations Authority - Auckland]
- Summary:
- INTERIM REINSTATEMENT - Applicant dismissed for serious misconduct - Arguable case that dismissal contrived by respondent because it wished to replace him with another manager - Balance of convenience -…
- Result:
- Application dismissed ; Directions accordingly ; Costs reserved
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Henry v Patrick Distribution Ltd
Y S Oldfield [Employment Relations Authority - Auckland]
- Summary:
- SEXUAL HARASSMENT - Abusive text messages sent from respondent's mobile phone at social function hosted by respondent to applicant's mobile phone - Second text sent contained references to sodomy -…
- Result:
- Applications dismissed ; Costs reserved
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Reeves v Canwest Radioworks Ltd
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- CONSENT ORDER - Parties resolved employment relationship problem - Terms of settlement recorded in appendix to become orders of Authority - Publication of contents of appendix prohibited - Joint statement…
- Result:
- Consent order granted ; Orders accordingly ; No order for costs
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Ernst & Young v Wilson
M Urlich [Employment Relations Authority - Auckland]
- Summary:
- BREACH OF CONTRACT - Respondent employee received and banked, for his own benefit, three cheques totalling $14,062.
- Result:
- Application granted ; Damages ($14,062.50) ; Exemplary damages ($2,000) ; Costs reserved
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Blake v Canpac International Ltd
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant initially employed on night shift - Developed medical problems and transferred temporarily to day shift - Union would not agree to permanent transfer…
- Result:
- Application dismissed ; Costs reserved
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Perry v The Vice Chancellor of the University of Canterbury
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE - Application to strike out claim in its entirety - Substantive claims for unjustified disadvantages, alleged breaches of express and implied terms of contract and alleged breaches…
- Result:
- Application dismissed ; Costs reserved
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Miller v Michael Pearcy Investments Ltd t/a Field Maple
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- JURISDICTION - Whether independent contractor or employee - Applicant and respondent were in negotiations with the intention of an employment relationship resulting - Applicant alleged agreement concluded, she started work,…
- Result:
- Application granted ; Directions accordingly ; Costs reserved
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Wipani v Spotless Services (NZ) Ltd
D King [Employment Relations Authority - Auckland]
- Summary:
- DISPUTE - Whether entitlement to redundancy compensation - Restructuring - Decided to redeploy Applicant to another hospital - Clause relating to staffing surpluses applied though respondent did not think it…
- Result:
- Dispute answered in favour of respondent ; Application granted in part (Unjustified disadvantage) ; Compensation for humiliation etc ($2,500 reduced to $1,875)