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Oliver v Star Moving Ltd & Anor
David Appleton [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE – Quantum of remedies
- Result:
- Application granted ; Arrears of holiday pay ($573.09) ; Costs reserved
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Chakonda v S & G Plus Auto Electrical Ltd
Eleanor Robinson [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION – Whether applicant employee or volunteer – ARREARS OF WAGES – Applicant sought arrears of wages from respondent – Electrician
- Result:
- Applications granted ; Arrears of wages ($3,640) ; Interest (5%) ; Costs reserved
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Teka v Walker
Vicki Campbell [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent – Support worker
- Result:
- Application dismissed ; No order for costs
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Robertshaw v Bay of Plenty District Health Board
Rachel Larmer [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s disciplinary process and breach of contractual obligations – INJUNCTION – Applicant sought interim injunction restraining respondent’s chief executive from acting on…
- Result:
- Applications dismissed ; Costs reserved
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Bird v The New Zealand Retreat (Auckland) Ltd
Anna Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- CONSENT ORDER – Parties reached agreement on terms of settlement before investigation meeting – 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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Brew v Cowboys Bar Ltd
Anna Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – No appearance for respondent - COSTS – Applicant sought contribution to costs
- Result:
- Application granted ; Orders made ; Interest (5%) ; Costs in favour of applicant ($170) ; Disbursements in favour of applicant ($71.56)(filing fee)
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Unite Union v Restaurant Brands Ltd
Eleanor Robinson [Employment Relations Authority - Auckland]
- Summary:
- DISPUTE – Parties disputed interpretation of clause in collective employment agreement (“CEA”) – Meaning of ordinary rate
- Result:
- Question answered in favour of respondent ; Costs reserved
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Thomson v Arrow Marking Ltd
Tania Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION – Whether applicant employee or independent contractor – UNJUSTIFIED DISMISSAL – Dismissal - Applicant claimed unjustifiably dismissed by respondent – Summary dismissal - ARREARS OF WAGES AND HOLIDAY PAY…
- Result:
- Applications granted (unjustified dismissal)(arrears of wages and holiday pay) ; Contributory conduct (25%) ; Reimbursement of lost wages ($1,380) ; Compensation for humiliation etc ($7,500) ; Arrears of wages and holiday pay (quantum to be determined) ; Application dismissed (penalty) ; Costs reserved
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Herrick v Kathmandu Holdings Ltd
Michael Loftus [Employment Relations Authority - Wellington]
- Summary:
- CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – 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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Nguyen v Ta & Anor
David Appleton [Employment Relations Authority - Christchurch]
- Summary:
- COSTS - Withdrawal of claims – No investigation meeting - Respondents sought contribution to costs – Not appropriate to apply notional daily tariff since no investigation meeting …
- Result:
- Costs in favour of respondents ($4,921)