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McCourt and Anor v The Beaurain Trust (James Robert Andrew and Marie Heather Buckley (Whaiapu) as Trustees and Anor
T MacKinnon [Employment Relations Authority - Wellington]
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Barnes v Canterbury Westland Kindergaren Assoc Inc
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Letter provided by applicant raised unjustified disadvantage grievance because substance of complaint was clear – Letter referred to incidents…
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PCA v David Orsbourn Medical Services Ltd t/a Enhanceskin
P van Keulen [Employment Relations Authority - Christchurch]
- Summary:
- COSTS – Partially successful personal grievance claim – Half day investigation meeting – Series of Calderbank offers and counteroffers – Parties failed to agree terms because applicant unreasonably refused to…
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Gauk Media Ltd v Moody
P van Keulen [Employment Relations Authority - Christchurch]
- Summary:
- COSTS – Two day investigation meeting – Respondent had good reason to decline Calderbank offer because opportunity to pursue alleged breach of intellectual property right remained – Appropriate to apply…
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Livingstone v Downer NZ Ltd
T Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF WAGES – Applicant paid by salary – Applicant’s final pay should have been prorated over 19 days without deduction of weekends – Respondent to pay applicant $252 arrears…
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Hoyte v AIA International Ltd
N Craig [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Incompatibility – Respondent dismissed applicant for alleged irreconcilable breakdown of relationship with other staff members – Tensions between staff did not get to point of irreconcilable breakdown…
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Postal Workers Union of Aotearoa Inc v New Zealand Post Ltd
T Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- DISPUTE – Whether rotating roster for Paxster (electric delivery vehicles) drivers breached collective agreement because it failed to minimise harm – Clause in question did not expressly require the safest…
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Muirhead v Debec Management Ltd and Anor
V Campbell [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Successful wage arrears claim – One day investigation meeting – Matter was not complex – Appropriate to apply daily tariff – Respondents to pay applicant $4,500 costs
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O'Brien v Auckland Meat Processors Ltd
N Craig [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Slaughterman
- Result:
- Application granted ; Reimbursement of lost wages ($4,256.53) ; Compensation for humiliation etc ($13,500) ; Costs reserved
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Nicol v Lund and Anor
David Appleton [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE – Identity of employer – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondents actions – PENALTY – Applicant sought penalty for respondent’s failure to provide an…
- Result:
- Application partially granted ; Compensation for humiliation etc ($3,500) ; Penalty ($1,000)
(Payable to Crown) ($1,000)(Payable to applicant) ; Costs in favour of applicant ($71.56)(filing fee)