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Russell (Senior Labour Inspector) v Dentice Facilities Management (2011) Ltd
M B Loftus [Employment Relations Authority - Wellington]
- Summary:
- COMPLIANCE ORDER – Applicant sought compliance with Improvement Notice - PENALTY – Applicant sought penalty for failure to comply with Improvement Notice - No appearance for respondent
- Result:
- Applications granted ; Orders made ; Interest (5%) ; Penalty ($7,500)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
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Spence (Labour Inspector) v Tamehana Horticulture Service Ltd
Eleanor Robinson [Employment Relations Authority - Auckland]
- Summary:
- COMPLIANCE ORDER – Applicant sought compliance with Improvement Notice – PENALTY – Applicant sought penalty for respondent’s failure to comply with Improvement Notice – COSTS – Applicant sought contribution towards…
- Result:
- Applications granted ; Orders made ; Penalty ($1,500)(payable to third party)($4,500)(payable to Crown) ; Costs in favour of applicant ($300) ; Disbursements in favour of applicant ($71.56)(filing fee)
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Tunnell v The Riv Ltd
Vicki Campbell [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent - ARREARS OF WAGES – Applicant sought arrears of wages - Chef
- Result:
- Applications granted ; Orders made ; Reimbursement of lost wage ($7,020) ; Compensation for humiliation etc ($4,000) ; Arrears of wages ($320.76) ; Costs reserved
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E-Lighting Ltd v Dickens and Ors
Eleanor Robinson [Employment Relations Authority - Auckland]
- Summary:
- RESTRAINT OF TRADE – Applicant sought to enforce restraint of trade (ROT) provisions – PENALTY – GOOD FAITH – Applicant sought penalties for first and second respondents’ breach of implied…
- Result:
- Applications granted (penalty – good faith)(breach of contract) ; Penalty ($10,000)(first respondent)(payable to applicant) ($3,000)(second respondent)(payable to applicant) ($10,000)(third respondent)(payable to applicant) ; Damages (quantum to be determined) ; Application dismissed (restraint of trade) ; Costs reserved
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Nicholas v Point To Point Holdings Ltd
Rachel Larmer [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF WAGES, HOLIDAY PAY AND KIWISAVER – Applicant sought arrears of wages, holiday pay and KiwiSaver – RECOVERY OF MONIES – Applicant sought reimbursement of travel expenses - Construction…
- Result:
- Applications granted ; Orders made ; Arrears of wages ($3,675.76) ; Arrears of holiday pay ($2293.32) ; Arrears of KiwiSaver ($1,786.80) ; Interest (7.5%)
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McIntyre v TTR Automotive Ltd t/a Pit Stop Nelson
Helen Doyle [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE - QUANTUM OF REMEDIES - Previous costs determination in favour of applicant - Authority granted leave in the event the parties could not agree on suitable amount…
- Result:
- Application granted ; Orders made
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Segal v Infor (New Zealand) and Anor
Anna Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first or second respondent – First respondent based in New Zealand - Second respondent based in Australia -…
- Result:
- Applications dismissed ; Costs reserved
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CTC Aviation Training (NZ) Ltd v Holman
Vicki Campbell [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION - Whether Authority had jurisdiction to require respondent to pay applicant outstanding balance of training fee - Whether employment relationship problem or contractual debt - COUNTERCLAIM -…
- Result:
- Applications dismissed ; Costs reserved
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Saroz v Flower Feva Ltd
Rachel Larmer [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Half day investigation meeting – Applicant sought $10,300 indemnity costs – Inappropriate to award indemnity costs – Authority found appropriate to award costs based on original schedule…
- Result:
- Costs in favour of applicant ($9,000) ; Disbursements in favour of applicant ($71.56)(filing fee)
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Spanhake v Whenuapai Primary School Board of Trustees
Eleanor Robinson [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION – Whether Authority can order settlement agreement (“SA”) signed by mediator under s149 Employment Relations Act 2000 (“ERA”) voidable on grounds of duress – School principal
- Result:
- Application dismissed ; Costs reserved