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Hook v JB's Contractors Ltd
J Wilson [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION - Whether employee or independent contractor - Signed document titled Terms and conditions for subcontractors and employees" - Deducted withholding tax - Responsible for own ACC payments - Provided…
- Result:
- Application granted ; Arrears of holiday pay ($194.64) ; Reimbursement of lost wages ($1,890)(3 weeks) ; Reimbursement of holiday pay ($113.40)(Notice) ; Compensation for humiliation etc ($1,000) ; Costs reserved
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Shemely v Gibson t/a Chagall Hair Design
D King [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Serious misconduct - Theft - Missing stock - Private investigator employed - Security camera set up - Concluded applicant was involved - Meeting carried out like criminal…
- Result:
- Application granted ; Contributory conduct reduced remedies to nil ; Costs to lie where they fall
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Bridge v Spiers t/a Capital Car Carriers
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- CONSENT DETERMINATION - Failure to comply with settlement reached in mediation - Respondent conceded monies due and owing - Parties directed back to mediation - Agreed terms to settle matter…
- Result:
- Consent order granted
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Wood v Mobil Oil New Zealand Ltd
D Asher [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL - Redundancy - Constructive dismissal - Respondent merged with new company - Redundancy was to be paid if suitable alternative employment not offered - Applicant's position ceased to…
- Result:
- Application granted ; Redundancy compensation (To be determined by parties' contractual formula) ; Compensation for humiliation etc ($5,000) ; Costs reserved
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Cribb v Ngati Kahungunu Ki Wairarapa Maori Executive Taiwhenua Iwi Authority Inc
S Bathgate [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL - Whether genuine redundancy - Alleged procedural unfairness - Respondent in financial difficulties - Personality conflicts with Board chairperson - Review of finances and human resources conducted -…
- Result:
- Application granted ; Reimbursement of lost wages ($16,153.80)(Notice) ; Compensation for humiliation etc ($10,000) ; Penalties reserved ; Costs reserved
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Wrightson Ltd v Swale
N Taylor [Employment Relations Authority - Christchurch]
- Summary:
- PERMANENT INJUNCTION - Restraint of trade - Confidentiality clause in contract - Terminated employment to work for competitor - Competitive market - Period of restrain unreasonable - Period of 2…
- Result:
- Application granted ; Orders accordingly ; Costs to lie where they fall
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McRoberts v Television New Zealand Ltd
WRC Gardiner [Employment Relations Authority - Auckland]
- Summary:
- DISPUTE - Fixed term contract - Whether applicant could resign from his employment - Whether contract legal, valid and enforceable - Employer refused to negotiate penalty - Believed no right…
- Result:
- Application allowed ; Costs reserved
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Feast v Energy Management Consultants Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Redundancy - Whether procedurally fair - Restructuring to address inefficiencies - Applicant's position was superfluous - Whether consulted - Aware of possibility of redundancy - Commented was…
- Result:
- Application dismissed ; No order for costs
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Barrett v North Harbour Aluminium 2000 Ltd
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine - Unfavourable market conditions - Drop in sales - Refused proposed variation in remuneration structure - Dismissed for redundancy - Whether dismissal due…
- Result:
- Application granted ; Compensation for humiliation etc ($3,000) ; No order for costs
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Gilshan v State Insurance Ltd
S Bathgate [Employment Relations Authority - Wellington]
- Summary:
- BREACH OF CONTRACT - Alleged breach of obligations of trust, confidence and good faith - Accepted new position with proviso of on-site supervision and training - Restructuring - Change to…
- Result:
- Application granted ; General damages ($4,000) ; Costs reserved