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Larkin v Ngati Kahu Social and Health Services Inc.
TG Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably disadvantaged by respondent’s bullying of applicant and unjustifiably dismissed by respondent – GOOD FAITH – Applicant claimed respondent…
- Result:
- Application granted (unjustified dismissal) ; Contributory conduct (50%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($500) ; Applications dismissed (unjustified disadvantage)(good faith) ; Costs reserved
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Afos Ltd t/a Kiwi Pallets v Brennan
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- COUNTERCLAIM - PRACTICE AND PROCEDURE – Determination of preliminary issue – Respondent sought to strike out applicant’s claims as frivolous or vexatious
- Result:
- Application partially granted ; Costs reserved
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Tibbitts v EWP Sales Ltd and Anor
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- BREACH OF CONTRACT – Applicant sought damages for respondent’s breaches of employment agreement (“EA”) by failing to pay bonus and settlement agreement (“SA”) by failing to pay amount owed –…
- Result:
- Applications granted ; Orders made ; Interest (5%) ; Penalty ($250)(payable to Crown)($10,000)(payable to respondent) ; Costs reserved
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Banks v Hockey Manawatu Inc
Trish MacKinnon [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Poor Performance - Applicant claimed unjustifiably disadvantaged by respondent’s refusal to allow applicant to do job, unilateral imposition of new terms of employment on…
- Result:
- Applications dismissed ; Costs reserved
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Jarden v NKD Ltd
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by suspension and failure to pay applicant, and unjustifiably dismissed by respondent – Deductions from wages -…
- Result:
- Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($2,000) ; Application dismissed (unjustified dismissal) ; Costs reserved
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Lupton v Solarcity New Zealand Ltd
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- CONSENT ORDER – Parties reached agreement on terms of settlement – 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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Hicks v Instant Access NZ Ltd
Eleanor Robinson [Employment Relations Authority - Auckland]
- Summary:
- [2015] NZERA Auckland 194
- Result:
- Application granted (recovery of monies) ; Recovery of monies in favour of applicant ($100) ; Application dismissed (arrears of wages)
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Smith v Ultimate Resorts & Properties Ltd
TG Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance claim - Two day investigation meeting - Respondent sought contribution towards costs - Authority found indemnity costs not appropriate - Found appopriate to apply notional…
- Result:
- Costs in favour of respondent ($7,000)
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Smith-Hughes v Te Whanau O Hato Petera Trust
TG Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance claim and partially successful arrears of wages claim - One day investigation meeting - Respondent sought indemnity costs - Authority found no evidence was provided…
- Result:
- No order for costs
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Higgs v Monro Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent – Assault - Truck driver
- Result:
- Result: Application granted (unjustified dismissal) ; Contributory conduct (50%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($2,000) ; Costs reserved