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Caldwell-Anderson v Harbour Masters Ltd t/a Harbour Masters Restaurant and Bar
D King [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Constructive dismissal - Meeting to discuss handling of fight outside premises - Meeting resulted in manager disciplining applicant in sudden and abrasive manner - Given ultimatum to…
- Result:
- Application dismissed ; Costs reserved
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20 October 2003
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AA 315/03
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Mathieson v Regal Marine Ltd
K Raureti [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged unilateral reduction of hourly rate - Alleged failure to pay Christmas bonus - Hourly rate initially reduced as applicant did not have work…
- Result:
- Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($1,080) ; Costs reserved
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20 October 2003
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AA 314/03
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Rossiter v Spotless Services (NZ) Ltd
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- PRACTICE AND PROCEDURE - Application to reopen investigation - Application related to claim for travel allowance - Alleged new evidence that parties agreed to be bound by collective agreement -…
- Result:
- Application dismissed ; Costs in favour of respondent ($2,000)
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17 October 2003
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WA 66A/03
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Tangiiau v Pendleton Corporation Ltd
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- CONSENT ORDER - Settlement reached during investigation meeting - Terms of settlement recorded as consent order - Publication of terms of settlement prohibited
- Result:
- Consent order granted ; No order for costs
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17 October 2003
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WA 151/03
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W v YZ Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- COSTS - Unsuccessful personal grievance - One day investigation meeting - Alleged failure to advise in receipt of legal aid amounted to exceptional circumstances - Alleged failure to accept settlement…
- Result:
- Costs in favour of respondent ($500)
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17 October 2003
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CA 89A/03
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Nankivell v TBL Developments Ltd t/a DTA Performance Consulting Group NZ
J Wilson [Employment Relations Authority - Auckland]
- Summary:
- COMPLIANCE ORDER - Alleged non-payment of redundancy notice - Whether redundancy or resignation - Unprofitable to maintain office - Applicant refused request to work from home - Requirement of office…
- Result:
- Application granted ; Compliance ordered ; Counterclaim granted ; Orders accordingly ; Costs reserved
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17 October 2003
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AA 313/03
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CA v Jetconnect Ltd
J Wilson [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Successful personal grievance - One day investigation meeting - Contribution of $7,000 sought to total costs of $11,673 - Finding of disparity of treatment required more preparation than…
- Result:
- Costs in favour of applicant ($3,000)
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17 October 2003
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AA 275A/03
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Falwasser v R F Davis Logging Ltd
J Scott [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance - One day investigation meeting - Costs of $5,527 plus disbursements of $876 sought - Criteria for assessing costs outlined - Reasonable contribution appropriate -…
- Result:
- Costs in favour of respondent ($2,250) ; Disbursements ($872.62)
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17 October 2003
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AA 245A/03
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Mitchell v Quality Bakers South (a division of Goodman Fielder Ltd)
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL - Summary dismissal - Overrode safety switch on machine when fixing it - Another employee was helping applicant fix machine - Series of meetings to discuss - Applicant…
- Result:
- Application granted ; Reimbursement of lost wages ($12,430 reduced to $5,589)(One year) ; Reimbursement of lost benefits ($13,480.75 reduced to $6,066.34)(One year) ; Compensation for humiliation etc ($7,000 reduced to $3,150) ; Costs reserved
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16 October 2003
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CA 135/03
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D'Sylva v Bhavi Enterprieses Ltd
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Serious misconduct - Gross negligence - Failure to identify phone cables during drilling - Contract provider refused to allow applicant onto site - Contract provider cited numerous…
- Result:
- Application dismissed ; No order for costs
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16 October 2003
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AA 312/03