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Kim (Labour Inspector) v Pro-Build Canterbury Ltd
Christine Hickey [Employment Relations Authority - Christchurch]
- Summary:
- JURISDICTION – Whether employees or independent contractors – ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – PENALTY – Applicant sought penalties for respondent’s failure to pay…
- Result:
- Applications granted ; Arrears of holiday pay ($41,858.09) ; Interest (5%) ; Penalty ($15,000)(payable to Crown) ; Costs in favour of applicant ($1,000) ; Disbursements in favour of applicant ($145.36)(filing fee and witness expenses)
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Catapang v Aylwin and Anor
Robin Arthur [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE - Identity of employer - Whether applicant employed by first respondent or second respondent - First respondent director of second respondent - UNJUSTIFIED DISMISSAL - Dismissal -…
- Result:
- Applications granted (practice and procedure)(unjustified dismissal) ; Reimbursement of lost wages ($4,000) ; Compensation for humiliation etc ($5,000) ; Application dismissed (penalty) ; Costs in favour of applicant ($1,500) ; Disbursements in favour of applicant ($71.56)(filing fee)
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Prins v JAE Sales Ltd
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- PENALTY – Applicant sought penalties for respondent’s failure to provide written employment agreement (EA), failure to keep accurate leave and holiday records and failure to provide records on request –…
- Result:
- Application dismissed ; Costs to lie where they fall
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Sahib v New Zealand Post Ltd
A Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Applicant sought leave to raise grievance out of time – Customer Services Representative
- Result:
- Application dismissed ; Costs reserved
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Cliff v The Bay of Plenty District Health Board
TG Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Successful personal grievance claim - One and a half days investigation meeting - Applicant sought $7,000 contribution towards costs - Authority found reduction to notional daily tariff inappropriate…
- Result:
- Costs in favour of applicant ($5,250)
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Clark v Goodman Fielder New Zealand Ltd
TG Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Supermarket merchandisers
- Result:
- Application granted ; Contributory conduct (50%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($2,500) ; Costs reserved
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Hixon (Labour Inspector) v NCHR Ltd
J Crichton [Employment Relations Authority - Christchurch]
- Summary:
- COMPLIANCE ORDER – Applicant sought compliance with statutory requirement to comply with improvement notice – PENALTY – Applicant sought penalty for respondent’s failure to comply with improvement notice
- Result:
- Applications granted ; Orders made ; Penalty ($2,500)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
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Leary v Ferguson Civil Industries Ltd (in receivership)
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- JURISDICTION – Whether applicant employee or independent contractor – UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant claimed unjustifiably dismissed by respondent – ARREARS OF WAGES – Applicant sought arrears of…
- Result:
- Applications granted ; Reimbursement of lost wages ($8,965.68) ; Compensation for humiliation etc ($1,000) ; Arrears of wages ($1,400) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs reserved
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Gibbs v The Vice-Chancellor of Lincoln University
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – University lecturer
- Result:
- Application granted ; Orders made ; Reinstatement ; Reimbursement of lost wages, quantum to be determined ; Compensation for humiliation etc ($10,000) ; Costs reserved
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Carter v The Rent Centre Ltd
M Ryan [Employment Relations Authority - Wellington]
- Summary:
- CONSENT ORDER - Parties reached agreement on terms of settlement during 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