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Nolet v Edgewater Resort Hotel Ltd
Helen Doyle [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Food and beverage attendant
- Result:
- Application dismissed ; Costs reserved
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Winn v Spotless Facility Services (NZ) Ltd
Peter van Keulen [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by redundancy process – Applicant claimed unjustifiably dismissed by respondent - PENALTY- GOOD FAITH – Applicant sought penalty…
- Result:
- Applications dismissed ; Costs reserved
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Cumming v Double Star 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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A v B 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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Sufia v Lincoln Road Food Warehouse Ltd
Anna Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Unsuccessful personal grievance claim – One day investigation meeting – Respondent sought contribution to costs – Appropriate to apply decrease in notional daily tariff to reflect applicant’s financial…
- Result:
- Costs in favour of respondent ($1,750)
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Insurance Council of New Zealand Inc v Samasoni
Michael Loftus [Employment Relations Authority - Wellington]
- Summary:
- RECOVERY OF MONIES – Applicant sought recovery of respondent’s personal expenditure – No appearance for respondent – Communications manager
- Result:
- Application granted ; Recovery of monies ($1,992.24) ; No order for costs
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Maiden v Timbertank Enterprises Ltd
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Quantum of remedies
- Result:
- Application granted ; Reimbursement of lost wages ($8,950.14) ; Arrears of holiday pay ($1,350)
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Fukubara v Blue Stone Room Ltd
Anna Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Successful personal grievance claim – One day investigation meeting – Applicant sought uplift in notional daily tariff to reflect rejected Calderbank offer – Appropriate to award slight uplift…
- Result:
- Cost in favour of applicant ($3,500)
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Kumar v Spa Ayurda Ltd
Eleanor Robinson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Applicant claimed constructively dismissed by respondent – Beauty therapist
- Result:
- Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($4,000) ; Recommendation made ; Application dismissed (unjustified dismissal) ; Costs reserved
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Miller v Metropolitan Glass & Glazing Ltd
Anna Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by suspension, bullying and harassment – Applicant claimed unjustifiably dismissed by respondent – RECOVERY OF MONIES –…
- Result:
- Applications granted (unjustified disadvantage)(unjustified dismissal) ; Contributory conduct (10%) ; Reimbursement of lost wages ($32,187.48) ; Compensation for humiliation ($25,200) ; Reinstatement ordered ; Application dismissed (recovery of monies) ; Costs reserved