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Bauer v Tozzetti 2014 Ltd
David Appleton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s change in applicant’s duties and hours and respondent sending applicant home before end of shift…
- Result:
- Applications granted ; Reimbursement of lost wages ($8,436.90) ; Reimbursement of lost holiday pay ($668.55) ; Compensation for humiliation etc. ($10,000) ; Costs reserved
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Kutty v Old Fashioned Smallgoods (NZ) Ltd and Anor
Rachel Larmer [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Quantum of remedies
- Result:
- Application granted ; Arrears of wages ($15,277.25) ; Arrears of holiday pay ($3,200) ; Arrears of KiwiSaver ($1,406.15) ; Interest (5%) ; Costs reserved
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Gu v Utel Telecom Group Ltd
Rachel Larmer [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION – Whether applicant employee or independent contractor - UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Poor Performance - Applicant claimed unjustifiably disadvantaged by written warnings and suspension and unjustifiably dismissed…
- Result:
- Applications granted ; Reimbursement of lost wages ($10,769.23) ; Compensation for humiliation etc ($8,000) ; Recovery of monies ($69) ; Arrears of wages ($8,929.05) ; Arrears of holiday pay ($1,575.86) ; Interest (5%) ; Penalty ($20,000)(payable to Crown) ; Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($71.56)
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CLE v XKC Ltd
M B Loftus [Employment Relations Authority - Wellington]
- Summary:
- JURISDICTION – Whether applicant employee or independent contractor
- Result:
- Application dismissed
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Greer v Temple Basin Ski Club Inc
David Appleton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by manager’s actions in requiring him to do tasks a certain way, sending him away for failing…
- Result:
- Application granted (unjustified dismissal) ; Contributory conduct (25%) ; Reimbursement of lost wages ($5660.60) ; Compensation for loss of benefit ($2,200) ; Compensation for humiliation etc ($7,500) ; Applications partially granted (unjustified dismissal)(recovery of monies) ; Recovery of monies ($708.40) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
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Jansen v D.R. & D.M. McKenzie Family Trust
Helen Doyle [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Whether applicant casual employee - Cow milker and calf rearer
- Result:
- Application granted ; Reimbursement of lost wages ($12,253.93) ; Compensation for humiliation etc ($8,000) ; Costs reserved
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Edminstin v Sanford Ltd
Helen Doyle [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on ground important question of law likely to arise, jurisdictional difficulties and in all circumstances matter should…
- Result:
- Application dismissed ; Costs reserved
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Taylor v First Aid Specialists Ltd
Trish MacKinnon [Employment Relations Authority - Wellington]
- Summary:
- COMPLIANCE ORDER – Applicant sought compliance with settlement agreement (“SA”) – PENALTY – Applicant sought penalty for breach of SA
- Result:
- Applications granted ; Orders made ; Penalty ($500)(payable to applicant) ; Costs reserved
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Gemmell v Quality Roading & Services (Wairoa) Ltd
Trish MacKinnon [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent – Failure to follow instructions – Site supervisor
- Result:
- Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($4,000) ; Application dismissed (unjustified dismissal) ; Costs reserved
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Genta v Diggs and Ors
Christine Hickey [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE – Identity of employer – UNJUSTIFIED DISAVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably disadvantaged by first respondent’s failure to sign parental leave documentation and…
- Result:
- Applications granted (unjustified dismissal)(arrears of wages) ; Compensation for humiliation etc ($6,000) ; Arrears of wages ($647.93) ; Application partially granted (penalty – good faith) ; Penalty ($500)(payable to Crown) ; Application dismissed (unjustified disadvantage) ; Costs reserved