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Ale v Kids At Home Ltd
Anna Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Identity of employer – Application for joinder – COUNTERCLAIM – PRACTICE AND PROCEDURE – Respondent sought to strike out applicant’s claim
- Result:
- Applications dismissed
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Ferguson v Placement Painters Ltd
David Appleton [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE – Dismissal of claim – COUNTERCLAIM – BREACH OF CONTRACT - Respondent claimed applicant had unlawfully retained vehicle without payment - No appearance for applicant
- Result:
- Applications dismissed ; Costs reserved
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Stace v Aurora Law Ltd
Robin Arthur [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – COUNTERCLAIM – BREACH OF CONTRACT – Respondent claimed applicant breached terms of employment agreement (“EA”) – Theft…
- Result:
- Application granted (unjustified dismissal) ; Reimbursement of lost wages ($60,576) ; Compensation for humiliation etc ($7,000) ; Applications dismissed (counterclaim breach of contract)(counterclaim penalty) ; Costs reserved
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Labour Inspector v Alpine Motor Inn & Caf� (2008) Ltd
David Appleton [Employment Relations Authority - Christchurch]
- Summary:
- JURISDICTION – Whether applicant employee or volunteer – PRACTICE AND PROCEDURE – Admissibility of evidence – Whether hidden audio recording admissible – ARREARS OF WAGES AND HOLIDAY PAY – Applicant…
- Result:
- Applications granted ; Arrears of wages ($6,292.80) ; Arrears of holiday pay ($503.42) ; Penalty ($7,500)(respondent)(payable to Crown)($5,000)(respondent)(payable to applicant) ; Costs reserved
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Watson v Poolcare Ltd
Nicola Craig [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF WAGES – Applicant sought arrears of wages – Unlawful deductions – Pool care technician
- Result:
- Application granted ; Arrears of wages ($590) ; Disbursements in favour of applicant ($71.56)(filing fee)
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Wu v Dauber Ltd
Anna Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION – Whether applicant employee or independent contractor – Painter
- Result:
- Application dismissed ; Costs reserved
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Fleming v Magma Rock Ltd
Vicki Campbell [Employment Relations Authority - Auckland]
- Summary:
- COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – PENALTY – Applicant sought penalty for breach of ROS
- Result:
- Applications granted ; Interest (5%) ; Penalty ($1,500)(payable to applicant) ; Orders made ; Costs reserved
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Bazley and Ors v Country Hospitality Management (NZ) Ltd
Christine Hickey [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – 90 day trial – Receptionist
- Result:
- Application granted ; Reimbursement of lost wages ($3,971.06) ; Compensation for humiliation etc ($6,000) ; Costs reserved
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Dansar Projects Ltd v Ng-Shiu
Vicki Campbell [Employment Relations Authority - Auckland]
- Summary:
- COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought joinder of applicant’s representative for purposes of costs – COSTS – Withdrawn claims - Respondent sought indemnity costs of $6,532
- Result:
- Application dismissed ; Costs in favour of respondent ($500)
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Frater v Truck Stops (NZ) Ltd
Peter van Keulen [Employment Relations Authority - Christchurch]
- Summary:
- RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Service manager
- Result:
- Application dismissed ; Costs reserved