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Auckland District Health Board & Ors v New Zealand Public Service Association Inc.
Trish MacKinnon [Employment Relations Authority - Auckland]
- Summary:
- BARGAINING – Application for reference to facilitation
- Result:
- Application granted
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Ramsey v Philip & Lila Berge t/a Glambrick Family Trust
Eleanor Robinson [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Whether applicant can make claim for statutory holiday pay entitlement following settlement agreement (“SA”)
- Result:
- Application dismissed ; Costs reserved
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Ngerengere v Pukeko Freight Ltd
Michele Ryan [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Destruction of company property – Truck driver
- Result:
- Application granted ; Contributory conduct (50%) ; Compensation for humiliation etc ($500) ; Costs reserved
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New Zealand Meat Workers' & Related Trades Union Inc v South Pacific Meats Ltd & Anor
James Crichton [Employment Relations Authority - Christchurch]
- Summary:
- COSTS – Successful compliance order and penalties claims – Two day investigation meeting – Applicant sought $10,000 contribution towards costs – Uplift in notional daily tariff appropriate to reflect delay…
- Result:
- Costs in favour of applicant ($9,000) ; Disbursements in favour of applicant ($678)
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Milne v Air New Zealand Ltd
Robin Arthur [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Authority sought to strike out applicant’s claim of own motion
- Result:
- Application dismissed ; No order for costs
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Sim v South Pacific Meats Ltd
Christine Hickey [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably disadvantaged by suspension – Applicant claimed unjustifiably dismissed by respondent – BREACH OF CONTRACT – Applicant sought damages…
- Result:
- Applications granted (unjustified disadvantage)(unjustified dismissal)(penalty) ; Contributory conduct (20%) ; Compensation for humiliation etc ($6,800) ; Reimbursement of lost wages (quantum to be determined) ; Interest (5%) ; Penalty ($2,000)(respondent)(payable to Crown) ; Application dismissed (breach of contract) ; Costs reserved
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Haberfield v Rapid Densification NZ Ltd
Christine Hickey [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – PENALTY – GOOD FAITH – Applicant sought penalty for respondent’s breach of good faith – Piling rig…
- Result:
- Applications granted ; Reimbursement of lost wages ($6,751.49) ; Compensation for humiliation, loss of dignity and injury to feelings ($4,000) ; Penalty ($2,000)(payable to Crown) ; Costs reserved
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Youssef v iP3 Systems Pty Ltd and Anor
James Crichton [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION – Whether New Zealand forum conveniens to hear claim – CEO
- Result:
- Application granted ; Costs reserved
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Davis v Commissioner of Police
Helen Doyle [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Incompatibility – Applicant claimed unjustifiably disadvantaged by processes adopted by respondent – Applicant claimed unjustifiably dismissed by respondent – PENALTY – GOOD FAITH –…
- Result:
- Application granted (unjustified dismissal) ; Reimbursement of lost wages ($13,418.94) ; Compensation for loss of benefit ($1,633.52)(Superannuation) ; Compensation for humiliation ($10,000) ; Application dismissed (penalty – good faith) ; Costs reserved
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James Hardy t/a Datcom Ltd v Visionstream Pty Ltd
Anna Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION – Whether applicant an employee or independent contractor – Technician
- Result:
- Application dismissed ; Costs reserved