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The New Zealand Post Primary Teachers' Association and Ors v The Attorney General, on behalf of The Secretary of Education being The Chief Executive of The Ministry of Education and Ors
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- PRACTICE AND PROCEDURE - Application for removal of matter to Employment Court - Dispute over whether respondent properly implemented decisions of Teachers' Arbitration Panel - Alleged important question relating to…
- Result:
- Application granted ; Matter removed to Court ; No order for costs
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17 November 2004
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WA 160/04
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New Zealand Police Association Inc v Commissioner of Police
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- PRACTICE AND PROCEDURE - Reasons for determination allowing application for removal of proceedings to Employment Court - Dispute over whether parties' employment agreement met requirements of Holidays Act 2003 -…
- Result:
- Application granted ; Matter removed to Court ; No order for costs
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17 November 2004
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WA 157/04
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Haste v Midcity Childcare Centre Ltd
J Scott [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant informed respondent she would be resigning - Applicant became angry at respondent after reasonable instruction - Meeting to clarify date of departure and…
- Result:
- Application granted ; Costs reserved
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17 November 2004
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AA 375/04
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Felton, formerly known as Amrein v UBD (a division of W & H Publications Ltd)
Y S Oldfield [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Redundancy - Business reorganisation - Discussion and offer of new position in co-worker's team - Plans for new role dropped - Told new position not going ahead…
- Result:
- Application granted (Unjustified dismissal) ; Compensation for humiliation etc ($6,000) ; Application dismissed (Unjustified disadvantage) ; Costs reserved
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17 November 2004
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AA 374/04
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Burch v Independent Monitoring Services Ltd
D King [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE - Suspension - Suspended on pay after caught sleeping while at work - No opportunity to comment - Suspension for short period - No disadvantage - 100% contributory…
- Result:
- Application dismissed (unjustified disadvantage) ; Application granted (unjustified dismissal) ; Penalty ($1,000)(payable to Crown) ; Costs reserved
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17 November 2004
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AA 373/04
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Dantra v Invacare (New Zealand) Ltd
M Urlich [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant created spreadsheet comparing salary rates and increases of staff - Intended to use information to support argument for salary increase - Information confidential…
- Result:
- Application dismissed ; Costs reserved
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17 November 2004
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AA 372/04
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Russell v Hawkes Bay District Health Board
D Asher [Employment Relations Authority - Wellington]
- Summary:
- DISPUTE - Whether redundant employee could claim redundancy compensation for service not recognised in previous redundancy payment - Applicant had received redundancy compensation from previous position capped at 20 years…
- Result:
- Question answered in favour of respondent ; Costs reserved
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16 November 2004
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WA 156/04
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Farrell v Aotearoa Resorts Ltd
A Dumbleton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE - Suspension - Unilateral four month suspension during off season - Redundancy situation would have arisen but consultation and notice required - Suspension unlawful - Arguably dismissed but…
- Result:
- Application granted ; Reimbursement of lost wages (Unjustified disadvantage)($2,667) ; (Unjustified dismissal) ($11,769.30) ; Other monies (Holiday pay on lost wages) (Unjustified disadvantage)($160) ; (Unjustified dismissal) ($1,020) ; Compensation for humiliation, etc ($6,000) ; Costs in favour of applicant ($2,650)
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16 November 2004
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CA 135/04
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Rolleston v Egas Software Ltd t/a Sage New Zealand
D King [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Poor performance - Probationary employment - Respondent terminated applicant's employment after extending probation period - Not advised of purpose for meeting - No opportunity to have representative…
- Result:
- Application granted ; Compensation for humiliation, etc ($1,500) ; Costs reserved
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16 November 2004
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AA 371/04
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Albert v New Zealand Amalgamated Engineering Printing & Manufacturing Union Inc
J Wilson [Employment Relations Authority - Auckland]
- Summary:
- GOOD FAITH - Applicant employee sought declaration that respondent union breached obligation to deal with her in good faith - Authority previously determined applicant's employment relationship problem had been resolved…
- Result:
- Application dismissed ; Costs reserved
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16 November 2004
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AA 370/04