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McNabb v Silver Fern Farms Beef Ltd
V Campbell [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Unsuccessful personal grievance claim – Two day investigation meeting – Respondent sought uplift in notional daily tariff to reflect applicant’s rejection of Calderbank offer – Reasonable for applicant…
- Result:
- Costs in favour of respondent ($4,500)
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Mudgway v Kiwi Earthmovers Ltd
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- CONSENT ORDER – Parties reached agreement on terms of settlement – Terms of settlement to be orders of Authority – Order prohibiting publication of terms of settlement
- Result:
- Consent order granted ; Orders accordingly ; No order for costs
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Van Der Merwe v Rollerflex Ltd & Anor
N Craig [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – DISCRIMINATION - Redundancy – Applicant claimed unjustifiably disadvantaged by being told that position to be disestablished - Applicant claimed unjustifiably dismissed by respondent –…
- Result:
- Application granted (arrears of wages)(recovery of monies) ; Arrears of wages (quantum to be determined) ; Recovery of monies ($200) ; Applications dismissed (unjustified disadvantage)(unjustified dismissal)(discrimination) ; Costs reserved
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Percival v Kenneth Harris t/a Breakers Restaurant
M Ryan [Employment Relations Authority - Wellington]
- Summary:
- COMPLIANCE ORDER – Applicant sought order for compliance with Record of Settlement (“ROS”)
- Result:
- Application granted ; Compliance ordered ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
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Mitchell v General Back-up Company Ltd
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Abandonment – Applicant claimed unjustifiably dismissed by respondent – Petrol station attendant
- Result:
- Application dismissed ; Costs reserved
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New Zealand Meat Workers and Related Trades Union Inc. v South Pacific Meats Ltd
C Hickey [Employment Relations Authority - Christchurch]
- Summary:
- COMPLIANCE ORDER – Applicant sought compliance order for respondent’s failure to allow officials access to workplace – PENALTY – Applicant sought penalty for respondent’s failure to allow officials access to…
- Result:
- Applications granted ; Compliance ordered ; Penalty ($28,000)(payable to applicant) ; Costs reserved
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Jones v Penrose Enterprises Ltd
P van Keulen [Employment Relations Authority - Christchurch]
- Summary:
- JURISDICTION – Whether applicant employee or contractor
- Result:
- Application dismissed ; Costs reserved
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MacDonald v TKP Properties Ltd t/a Top Pub & Route 26 Bar and Grill
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Bar Manager
- Result:
- Application granted ; Reimbursement of lost wages ($2,000) ; Compensation for humiliation etc ($12,000) ; Costs reserved
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Clark v Canterbury Butynol Fixers Ltd
David Appleton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably disadvantaged by respondent not issuing Employment Agreement (“EA”) and as a consequence endured bullying and a flawed dismissal process…
- Result:
- Applications granted (unjustified dismissal)(arrears of wages and holiday pay)(penalty) ; Contributory conduct (50%); Reimbursement of wages ($5,158.11) ; Arrears of holiday pay ($412.65) ; Compensation for humiliation etc ($5,000) ; Penalty ($500)(payable to Crown) ; Costs reserved ; Application dismissed (unjustified disadvantage)
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Roach v Nazareth Care Charitable Trust Board
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on ground important question of law likely to arise and matter of such nature and urgency that…
- Result:
- Application dismissed ; Costs reserved