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Berg v Emergency.Co.NZ Ltd
TG Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION – Whether applicant employee or independent contractor – Respondent a contractor to TV3 - Personal assistant
- Result:
- Application granted ; Costs reserved
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Trustrum v Shore Mariner Ltd
Christine Hickey [Employment Relations Authority - Christchurch]
- Summary:
- ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay – Whether vehicle allowance included in gross earnings
- Result:
- Application dismissed ; Costs reserved
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Smith-Hughes v Te Whanau O Hato Petera Trust
TG Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Whether employment agreement (“EA”) contained clause allowing applicant to determine amount of overtime and…
- Result:
- Application partially granted ; Arrears of holiday pay ($523.66) ; Costs reserved
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Borsboom (Labour Inspector) v Preet PVT Ltd v Warrington Discount Tobacco Ltd v Singh Bal
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- CONSENT ORDER – Parties reached agreement of terms of settlement before investigation meeting – Terms of settlement to be orders of Authority.
- Result:
- Consent order granted; Orders accordingly; No order for costs
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Hauiti v Te Reo Irirangi O Nga Raukawa Trust t/a Raukawa FM
TG Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Partially successful personal grievance and arrears of wages claims - Four days investigation meeting – Applicant sought contribution to costs – Respondent sought $28,000 contribution to costs–…
- Result:
- Costs in favour of respondent ($7,000)
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OfficeMax New Zealand Ltd v Sequeira
V Campbell [Employment Relations Authority - Auckland]
- Summary:
- INJUNCTION – Applicant sought injunction to enforce restraint of trade provision in employment agreement (“EA”) – Merchandise Administration Manager
- Result:
- Application dismissed ; Orders made ; Costs reserved
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Durning v Evergreen Food Company Ltd
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Alleged theft - Removal of magazines without permission - Police complaint - Shop assistant
- Result:
- Application granted ; Reimbursement of lost wages ($6,720) ; Compensation for humiliation etc ($2,500) ; Costs reserved
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Wray v Averill Moore Investments t/a Amil Service
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by change to shift pattern without consultation - Customer service / sales representative
- Result:
- Application dismissed ; Costs reserved
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Manley v Jackson Flooring Design Napier Ltd
Trish MacKinnon [Employment Relations Authority - Wellington]
- Summary:
- RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days – Applicant summarily dismissed during trial period - Applicant raised grievance within notice period after receiving notice of termination –…
- Result:
- Application granted ; Costs reserved
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Moore-Jones v Ariki New Zealand Ltd
G J Wood [Employment Relations Authority - Wellington]
- Summary:
- JURISDICTION - Whether applicant employee or independent contractor - Whether independent contractor arrangement became employment relationship - UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent -…
- Result:
- Applications granted ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($10,000) ; Recovery of monies ($11,872.01) ; Costs reserved