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Jennings v Windy Ridge Primary School
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance - Full costs of $9,421 sought - Alleged not in financial position to pay costs - Earlier representations indicated ability to pay - Costs of…
- Result:
- Costs in favour of respondent ($3,500)
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29 October 2001
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AA 146A/01
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Isabeth v JG & AG McNally
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Successful personal grievance - Calderbank offer greater than amount recovered by applicant - Failure to take opportunity to settle grievance considered - Litigation avoidable - Appropriate that costs…
- Result:
- Costs to lie where they fall
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29 October 2001
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AA 145A/01
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Duncan v Indicator E-Commerce Ltd t/a 3WI South Pacific
D Asher [Employment Relations Authority - Wellington]
- Summary:
- PRACTICE AND PROCEDURE - No appearance for respondent - Failure to file statement in reply - Application for adjournment filed day before hearing - Respondent placed in receivership - Copy…
- Result:
- Application granted ; Reimbursement of lost wages (3 months) ; Compensation for humiliation etc ($15,000) ; Reimbursement of expenses ($1,036.11) ; Arrears of wages (10 weeks) ; Costs in favour of applicant ($2,500)
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Clulee v Inland Revenue Department - Business Call Centre
D Asher [Employment Relations Authority - Wellington]
- Summary:
- COSTS - Unsuccessful personal grievance - Attempted to settle issue of costs - No response from applicant - Contribution of $4,800 sought - Standard case - Reasonable award of $2,000…
- Result:
- Costs in favour of respondent ($2,000)
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26 October 2001
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WA 50A/01
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Mahasivam v Anderton
P R Stapp [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF WAGES AND HOLIDAY PAY - No appearance for first or second respondent - Alleged outstanding wages and holiday pay - Second respondent actual employer - Second respondent not…
- Result:
- Application adjourned ; Costs reserved
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26 October 2001
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AA 168/01
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Attwood v Imperial Industries and Anor
S Bathgate [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant took several days sick leave - Suspended on pay until disciplinary meeting - Given list of concerns before meeting - Existence of pre-existing…
- Result:
- Application granted ; Reimbursement of lost wages ($6,461.52)(12 weeks) ; Compensation for humiliation etc ($4,500) ; Costs reserved
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Reid v Andes Investment Ltd
S Bathgate [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISADVANTAGE - Accused of theft - Investigated by police - Victim of suspicion and gossip at workplace - Police investigation dropped - Respondent did not conduct own investigation before…
- Result:
- Application granted ; Compensation for humiliation etc ($2,500) ; Arrears of holiday pay ($1,940.55) ; Interest (8 percent) ; Penalty ($250)(Crown) ; Costs in favour of applicant ($3,000)
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Kennedy v Kahui Tautoko Ltd
D Asher [Employment Relations Authority - Wellington]
- Summary:
- CONSENT ORDER - Parties requested settlement be recorded by way of compliance order - Publication prohibited - Personal grievance proceedings adjourned for completion of settlement arrangements
- Result:
- Consent order granted ; Orders accordingly ; No order for costs
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Hollis v Mainland Products Limited
D King [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Serious misconduct - Employed on temporary basis - Offer of employment contingent on resigning from other job - Failed to resign - Worked morning shift at respondent…
- Result:
- Application dismissed ; Costs reserved
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25 October 2001
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AA 166/01
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Bulloch v Lowe t/a Ton of Tiles
D King [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION - Statement of problem indicated claim covered period both prior to and after enactment of ERA - Became clear at investigation meeting that claim related only to period before…
- Result:
- Application dismissed ; No order for costs
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25 October 2001
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AA 161/01