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Henderson v The Flooring Centre Ltd t/a The Flooring Centre South Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL - Constructive Dismissal - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Performance concerns - Whether applicant's resignation not valid because required to be in writing under…
- Result:
- Application granted (unjustified dismissal) ; Compensation for humiliation etc ($10,000) ; Applications dismissed (penalty - good faith)(counterclaim - breach of contract) ; Costs reserved
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Porse Education and Training Ltd v Roydhouse
Trish MacKinnon [Employment Relations Authority - Wellington]
- Summary:
- JURISDICTION - Whether respondent in employment relationship with applicant - Whether parties in business partnership - BREACH OF CONTRACT - Applicant sought damages for respondent's breach of employment agreement (EA")…
- Result:
- Application granted (jurisdiction) ; Applications dismissed (breach of contract)(penalty - good faith)(counterclaim - breach of contract) ; Costs reserved
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Moss v Potae & Van Der Poel Ltd
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Confidentiality provision included in terms of settlement
- Result:
- Consent order granted ; Orders accordingly ; No order for costs
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Bucknell v Woolston Store Ltd
Christine Hickey [Employment Relations Authority - Christchurch]
- Summary:
- JURISDICTION - Whether applicant employee or independent contractor - Employment agreement offered but applicant sought to be engaged through her company - Applicant invoiced respondent - Subsequent request to change…
- Result:
- Application dismissed; Costs reserved
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Smith v Potae & Van Der Poel Ltd
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Confidentiality provision included in terms of settlement
- Result:
- Consent order granted ; Orders accordingly ; No order for costs
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Golden Bay Cement, a division of Fletcher Concrete and Infrastructure Ltd v Northern Amalgamated Workers' Union of New Zealand Inc.
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- DISPUTE – Parties disputed whether clause in employment agreement (“EA”) conferred unlawful preference on respondent’s members - Clause stated where union employee’s position became vacant, applications would be opened to…
- Result:
- Question answered in favour of respondent; Application dismissed (counterclaim - good faith) ; Costs reserved
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Heaps v Cameron Civil Ltd
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise grievance out of time - Series of family tragedies during 90 day period following dismissal
- Result:
- Application granted ; Costs reserved
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Ingham (Labour Inspector) v Swan t/a Mensworks
A Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- COMPLIANCE ORDER - Applicant sought compliance with enforceable undertaking - PENALTY - Applicant sought penalty for respondent's breach of enforceable undertaking, breach of Minimum Wage Act 1983 and Holidays Act…
- Result:
- Applications granted ; Compliance ordered ; Penalty ($1,000)(payable to applicant)($1,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
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Danilewicz v Springs Road Quarry t/a CCL Construction Contracting
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Failure to pay applicant for notice period – Deductions from wages - Whether applicant…
- Result:
- Application partially granted ; Arrears of wages ($1,320) ; Arrears of holiday pay (quantum to be determined) ; Costs reserved
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Sweney v Wanaka Hardware & Building Supplies Ltd t/a Mitre 10
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Whether Applicant sought leave to raise grievance out of time – Applicant had sought legal advice in order to…
- Result:
- Application dismissed ; Costs reserved