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Lumb-Vaipapa v B & Y Trust Co 2015 Ltd
David Appleton [Employment Relations Authority - Christchurch]
- Summary:
- COSTS – Successful personal grievance claim – Half day investigation meeting – applicant sought contribution to costs – Authority found appropriate to apply notional daily tariff – Respondent to pay…
- Result:
- Costs in favour of applicant ($1750);Disbursements in favour of applicant ($71.56)(filing fee)
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Lee v Y & B Investment Ltd & Anor
Robin Arthur [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Successful personal grievance claim – Length of investigation meeting not specified – Applicant sought $3721 contribution towards costs – Application for costs after deadline – Authority found no…
- Result:
- Costs to lie where they fall
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Lints v DIY Imports Ltd formerly t/a Ezy Bathrooms
Andrew Dallas [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF WAGES - Applicant sought arrears of wages and holiday pay - RECOVERY OF MONIES - Applicant sought recovery of KiwiSaver deductions not remitted to Inland Revenue Department -…
- Result:
- Applications granted (arrears of wages)(recovery of monies)(penalty) ; Arrears of wages ($18,561.12) ; Arrears of holiday pay ($8,258.04) ; Recovery of monies ($1,311.39) ; Penalty ($6,000)(payable to applicant) ; Application dismissed (counterclaim) ; No order for costs
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Stormont v Peddle Thorp Aitken Ltd
Eleanor Robinson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed – DISPUTE – Applicant claimed respondent failed to correctly pay bonus entitlement – GOOD FAITH – Applicant claimed respondent breached good…
- Result:
- Applications dismissed ; Question answered in favour of respondent ; Costs reserved
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Kamizona v Norske Skog Tasman Ltd
Eleanor Robinson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably disadvantaged by way dismissal announced – Applicant claimed unjustifiably dismissed by respondent – Forklift and truck driver
- Result:
- Application granted (unjustified dismissal) ; Reinstatement ordered ; Application dismissed (unjustified disadvantage) - Costs reserved
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Lees Concrete Pumps Ltd v Monk
Rachel Larmer [Employment Relations Authority - Auckland]
- Summary:
- PENALTY - Applicant sought penalty for respondent’s breach of settlement agreement - Whether respondent breached confidentiality and non-disparagement clause - COSTS - Respondent sought contribution towards costs
- Result:
- Application dismissed ; Costs in favour of respondent ($1,250)
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Tex Onsite Ltd v Hill
Anna Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- BREACH OF CONTRACT – Applicant sought damages for respondent’s breach of non-solicitation, confidentiality and fidelity terms of employment agreement (“EA”) – Restraint of trade - PENALTY – Respondent sought penalties…
- Result:
- Applications granted ; Orders made ; Damages ($18,750) ; Interest (5%) ; Penalty ($18,000)(payable to applicant) ; Costs reserved
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Brennan v AFOS Ltd and Ors
Rachel Larmer [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by first respondent’s failure to provide final pay – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday…
- Result:
- Applications granted ; Arrears of wages and holiday pay (quantum to be determined) ; Recovery of monies (quantum to be determined) ; Penalty ($5,000)(first respondent)(payable to Crown)($15,000)(first respondent)(payable to applicant)($5,000)(second respondent)(payable to applicant)($5,000)(third respondent)(payable to applicant) ; Compensation for humiliation etc ($4,000) ; Interest (5%) ; Costs reserved
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Watson v Capital & Coast District Health Board
Michele Ryan [Employment Relations Authority - Wellington]
- Summary:
- COSTS – Partially successful personal grievance claim - Applicant sought $10,000 contribution to costs – Respondent sought $10,000 contribution towards costs to reflect rejected Calderbank offers, applicant’s conduct and only…
- Result:
- Costs in favour of applicant ($6,000) ; Disbursements in favour of applicant ($1,097.01)(filing fee, hearing fees and photocopying)
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Dewes v Map Upper Hutt Ltd t/a Auto Super Shoppe Maidstone
Michele Ryan [Employment Relations Authority - Wellington]
- Summary:
- COSTS – Successful arrears claim and successful personal grievance claim – Two day investigation meeting – Applicant sought an uplift in costs to $10,785 – Respondent sought contribution towards costs…
- Result:
- Costs in favour of applicant ($2,750) ; Disbursements in favour of applicant ($71.56)(filing fee)