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Wano v Opus International Consultants Ltd
Eleanor Robinson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to offer fixed term parental leave positive after redundancy
- Result:
- Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved
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Hann v Phoenix 66 Ltd t/a Synergy Hair Manukau
Eleanor Robinson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Summary dismissal - Hairdresser
- Result:
- Application granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($3,500) ; Costs reserved
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E-Lighting Ltd v Dickens and Ors
Eleanor Robinson [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Successful restraint of trade and penalty claims – 5 day investigation meeting - Applicant sought contribution to costs – Appropriate to apply uplift in daily tariff to reflect…
- Result:
- Costs in favour of applicant ($17,176.01)(first and second respondents)($8,588)(third respondent)
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Beaumont v Blossoms Educare Pukekohe Ltd
Robin Arthur [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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Lowe and Anor v Waimapu Station Partnership
Trish MacKinnon [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive Dismissal - First applicant claimed unjustifiably disadvantaged by respondent’s refusal to pay monthly wages - First applicant claimed constructively dismissed by respondent -…
- Result:
- Applications granted (unjustified dismissal)(arrears of wages and holiday pay)(counterclaim – breach of contract) ; Contributory conduct (30%) ; Arrears of wages ($4,539) ; Arrears of holiday pay ($10,500)(first applicant)($1,728)(second applicant) ; Compensation for humiliation etc ($12,600) ; Damages ($26,325) ; Applications dismissed (breach of contract)(recovery of monies)(penalty)(counterclaim – recovery of monies)(counterclaim – penalty – good faith); Costs reserved
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Shoshany v 4RF Ltd
Michele Ryan [Employment Relations Authority - Wellington]
- Summary:
- COSTS – Successful personal grievance claim and unsuccessful penalty claim – Two day investigation meeting – Applicant sought uplift in daily tariff – Applicant rejected two Calderbank offers but Authority…
- Result:
- Costs in favour of applicant ($7000) ; Disbursements ($71.56)(Filing Fee) ($3800)(Travel)
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Hutchins v Chief Executive Inland Revennue Dept.
Trish MacKinnon [Employment Relations Authority - Wellington]
- Summary:
- INJUNCTION – Applicant sought interim order for respondent’s consent to working overseas while on approved leave without pay (“LWOP”) – ESTOPPEL – Applicant claimed respondent estopped from withholding consent –…
- Result:
- Applications dismissed ; Costs reserved
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Ingham (Labour Inspector) v Chargrill Burgers Ltd
Andrew Dallas [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION - Whether individual (“K”) in employment relationship with respondent - PENALTY - Applicant sought penalty for respondent’s breach of Holidays Act 2003 - COSTS - Applicant sought contribution towards…
- Result:
- Applications granted ; Penalty ($8,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs in favour of applicant ($350)
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Harlow v Western Property Management Ltd and Anor
Robin Arthur [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION – Whether applicant employee or independent contractor – PRACTICE AND PROCEDURE – Identity of employer
- Result:
- Applications granted ; Costs reserved
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Y v X
V Campbell [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension – Applicant claimed unjustifiably dismissed by respondent
- Result:
- Applications granted ; Reimbursement of lost wages ($26,115.99) ; Compensation for loss of benefit (quantum to be determined) ; Interest payable (5%) ; Compensation for humiliation etc ($15,000) ; Costs reserved