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Hato Paora College Trust Board v Stevenson
A Dumbleton [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL - Serious misconduct - Several instances of financial mismanagement - Failure to attend to health and safety problems - Matters that an employer acting reasonably could have taken…
- Result:
- Application dismissed ; Costs reserved
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06 December 2001
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WA 88/01
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Lincoln v Buchanan Group Ltd
Y S Oldfield [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE - Whether accord and satisfaction - Applicant dismissed on grounds of redundancy - Alleged unjustified dismissal on grounds that redundancy not genuine - Sent email to directors…
- Result:
- Application dismissed ; Costs reserved
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06 December 2001
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AA 215/01
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Phillips v Computer Exchange Corporation (NZ) Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Redundancy - Applicant director, shareholder and employee of company - Respondent formed and subsequently took over company - Next day applicant given letter of termination on grounds…
- Result:
- Orders accordingly ; Costs reserved
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06 December 2001
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AA 214/01
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Abraham v IHC Northern Vocational Services
D King [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Serious misconduct - Witness alleged that applicant assaulted intelectually handicapped man in his care - Respondent believed witness account of incident over applicant's - Whether decision to…
- Result:
- Application dismissed ; Costs reserved
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06 December 2001
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AA 204/01
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Jobson v Ophthalmic Instrument Company Ltd
D Asher [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE - Alleged warnings unjustified and in breach of good faith obligations and employment contract - Employed on 6-month trial basis - Salary to increase once trial period satisfactorily…
- Result:
- Application granted (Unjustified disadvantage) ; Application dismissed (Unjustified dismissal) ; Compensation for humiliation etc ($3,500) ; Arrears of Wages (quantum to be calculated by parties) ; Penalty ($500)(Applicant) ; ($500)(Crown) ; Costs reserved
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05 December 2001
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AA 213/01
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Winter v Biolab Scientific Ltd
D King [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance - One day investigation meeting - 50 percent contribution to actual costs of $3,037 sought - Reasonable contribution awarded
- Result:
- Costs in favour of respondent ($500)
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05 December 2001
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AA 157A/01
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Cotton v Ross Asphalt Ltd
N Taylor [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL - Poor performance - Whether dismissed or resigned - Given letter from respondent's agent detailing concerns about performance of applicant's duties - Negative reaction to letter - Believed…
- Result:
- Application granted ; Reimbursement of lost wages ($6,929.17 reduced to $2,078.17) ; Compensation for humiliation etc ($3,000 reduced to $900) ; Costs reserved
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04 December 2001
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CA 66/01
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Coley v Telecom NZ Ltd
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL - Redundancy - Reinstatement sought on basis that new position significantly the same as previous position - New position at more senior level and higher salary - Genuine…
- Result:
- Application dismissed ; Costs reserved
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04 December 2001
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CA 64A/01
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Myers v Trends Publishing (NZ) Ltd
J Wilson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Constructive dismissal - Jurisdiction - Whether employee or independent contractor - Intention of parties relevant to real nature of relationship but not determinative - No close control…
- Result:
- Application granted ; Orders accordingly ; Referred to mediation ; Costs reserved
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04 December 2001
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AA 211/01
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Curlew v Harvey Norman Stores (NZ) Pty. Ltd
J Wilson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Jurisdiction - Whether employee or contractor of respondent - Entered into consulting contract whereby applicant was proprietor of computer department in respondent's store - Consulting contract terminated…
- Result:
- Application dismissed ; Costs reserved