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Tait v Robin and Sherson t/a Silver Birch Holiday Park & Motel
Vicki Campbell [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Theft – Summary dismissal – ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages…
- Result:
- Applications granted ; Orders made ; Arrears of wages ($110) ; Arrears of holiday pay ($401.03) ; Costs reserved
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Van Der Merwe v Glasshape Ltd
TG Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Production Manager
- Result:
- Application dismissed ; Costs reserved
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New Zealand Meat Workers & Related Trades Union Inc v Silver Fern Farms Beef Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- DISPUTE – Parties disputed respondent’s ability to make changes to work practice under collective employment agreement (“CEA”) if changes to affect workload and pay –Whether changes already existing practice –…
- Result:
- Question answered in favour of applicant ; Application dismissed (good faith) ; Costs reserved
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Allan v Bridon New Zealand Ltd
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to pay full redundancy compensation and disparate treatment of applicant – Whether applicant had “break” in services – Cable sock…
- Result:
- Application dismissed ; Costs reserved
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Tibbitts v EWP Sales New Zealand Ltd and Anor
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Successful application for compliance order – Successful counterclaims for compliance order and penalty – Two day investigation meeting – Second respondent sought contribution towards costs – Applicant to…
- Result:
- Costs in favour of first respondent ($1,250) ; Costs to lie where they fall for second respondent and applicant
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McPherson and Anor v Carter Holt Harvey Ltd and Anor
A Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Authority sought to strike out second applicant as party in accordance with previous determination
- Result:
- Application granted ; Costs reserved
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Walker v Vulcan Steel Ltd
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to pay bonus – BREACH OF CONTRACT – Applicant claimed respondent breached settlement agreement (“SA”) by failing to pay bonus
- Result:
- Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($3,000) ; Compensation for loss of benefit ($3,000) ; Interest (5%) ; Application dismissed (breach of contract) ; Costs reserved
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Manufacturing and Construction Workers Union Inc v Carter Holt Harvey and Ors
A Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Authority sought to strike out proceedings on own motion for lack of compliance with Employment Relations Act 2000 and Employment Relations Authority Regulations 2000
- Result:
- Application granted ; Costs reserved
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Jarden v Coleman Commercial Aluminium Installations Ltd
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF WAGES, HOLIDAY PAY AND CHILD SUPPORT – Applicant sought arrears of wages and holiday pay – Deductions from wages – RECOVERY OF MONIES – Applicant sought to recover…
- Result:
- Applications granted ; Arrears of wages ($673.72) ; Arrears of holiday pay ($1,325.15) ; Arrears of child support ($3,104.69) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
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Highley v AJ Operations Ltd t/a Cocopelli
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably disadvantaged by method of dismissal and failure to provide full-time work, and unjustifiably dismissed by respondent – 90…
- Result:
- Applications granted (unjustified disadvantage)(unjustified dismissal)(breach of contract) ; Contributory conduct (25%) ; Reimbursement of lost wages ($2,837.60) ; Compensation for humiliation etc ($11,250) ; Interest (5%) ; Damages ($720.63) ; Application dismissed (penalty) ; Costs reserved