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Porter v Greytown Motors Ltd
Michael Loftus [Employment Relations Authority - Wellington]
- Summary:
- BREACH OF CONTRACT – Applicant sought to enforce terms of Calderbank offer
- Result:
- Application dismissed
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Jones v Christchurch European Ltd
Christine Hickey [Employment Relations Authority - Christchurch]
- Summary:
- COSTS – Successful personal grievance and penalty claims – Two day investigation meeting – Applicant sought $14,000 contribution towards costs - Respondent made $34,000 Calderbank offer but not sufficiently transparent…
- Result:
- Costs in favour of applicant ($9,000) ; Disbursements in favour of applicant ($71.56)(filing fee)($306.66)(hearing fee)
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Tex Onsite Ltd v Hill
Anna Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Successful damages and penalties claims – Three day investigation meeting- Applicant sought indemnity costs of $83,000 – Appropriate to apply uplift in notional daily tariff to allow costs…
- Result:
- Costs in favour of applicant ($31,500) ; Disbursements in favour of applicant ($16,137.26)
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Richards v Fresh Flower Wholesaler Ltd
Rachel Larmer [Employment Relations Authority - Auckland]
- Summary:
- PENALTY – GOOD FAITH – Applicant sought penalty for respondent’s breach of good faith – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Florist
- Result:
- Application granted (unjustified dismissal) ; Contributory conduct (10%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($4,500) ; Application dismissed (penalty – good faith) ; Costs reserved
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Vice Chancellor Auckland University of Technology v Tertiary Education Union Te hautu Kahurangi O Aotearoa
Vicki Campbell [Employment Relations Authority - Auckland]
- Summary:
- DISPUTE – Parties disputed interpretation of clause in collective employment agreement (“CEA”) – Whether consultation referred to in one clause can occur concurrently with another clause
- Result:
- Question answered in favour of applicant ; Costs reserved
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Dewar v Xtreme Dining Ltd t/a Think Steel
Helen Doyle [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Theft – Fabrication assistant
- Result:
- Application granted ; Contributory conduct (16.6%) ; Reimbursement of lost wages ($2,709.08) ; Compensation for humiliation etc ($10,000) ; Costs reserved
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First Union Inc & Ors v Transportation Auckland Corporation Ltd and Anor
Vicki Campbell [Employment Relations Authority - Auckland]
- Summary:
- COMPLIANCE ORDER – Applicants sought compliance with collective employment agreement (“CEA”) - PENALTY – Applicants sought penalties for respondent’s breaches of CEA and duty of good faith – Bus drivers
- Result:
- Applications granted ; Compliance ordered ; Penalty ($10,000)(payable to Crown) ; Costs reserved
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Harlock v Westpac Banking Corporation
Vicki Campbell [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Applicant sought disclosure of documents
- Result:
- Application partially granted ; Costs reserved
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Te Kanawa v Northern Legal Ltd
Anna Fitzgibbon [Employment Relations Authority - Auckland]
- 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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Edwards v Modular Building Systems Ltd
Peter van Keulen [Employment Relations Authority - Christchurch]
- Summary:
- ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – No appearance for respondent
- Result:
- Application granted ; Arrears of wages ($35,372) ; Arrears of holiday pay ($4,516.12) ; Interest (5.5%) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved