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Spence (Labour Inspector) v Bay Enterprises Ltd
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- PENALTY - Applicant sought penalty for respondent's failure to comply with improvement notice - Failure to provide written employment agreements to all employees - Kiwifruit industry - COSTS - Applicant…
- Result:
- Application granted ; Penalty ($5,000)(payable to Crown) ; Costs in favour of applicant ($250) ; Disbursements in favour of applicant ($71.56)(filing fee)
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McLean v Barkers Park Ltd & Anor
Rachel Larmer [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Successful personal grievance claim and unsuccessful breach of contract claim – One and half day investigation meeting - Applicant sought indemnity costs of $20,000 based on rejected Calderbank…
- Result:
- Costs in favour of applicant ($9,384) ; Disbursements in favour of applicant ($71.56)(filing fee)($153.33)(hearing fee)
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Kent v Barkers Park Ltd and Anor
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Quantum of remedies – Authority found previously that applicant unjustifiably dismissed – Applicant sought calculation of reimbursement of lost wages – Parties agreed applicant would have…
- Result:
- Application granted ; Quantum specified ; Reimbursement of lost wages ($23,820.72) ; Interest (5%) ; Costs to lie where they fall
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Driver v Dove Medical Press Ltd
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance - One and half day investigation meeting - Respondent sought $9,000 contribution towards costs - Authority found daily tariff appropriate - Applicant to pay respondent…
- Result:
- Costs in favour of respondent ($5,250)
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Swaine v Waitaki Resource Recovery Trust
Christine Hickey [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably dismissed by respondent - Warning - Restructuring process - Whether process unfair and biased - Applicant claimed bullied by manager -…
- Result:
- Application dismissed; Costs reserved
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New Zealand Nurses Organisation and Anor v Waikato District Health Board
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- DISPUTE - Parties disputed interpretation and application of resignation gratuity clause in parties collective agreement (CA) - Whether applicant resigned or retired - Meaning of retire" in context of parties…
- Result:
- Questions answered in favour of respondent; Costs reserved
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Toschi v Tradeworkers 2012 Ltd (in liquidation) and Ors
Christine Hickey [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE - Application for joinder of proposed second, third and fourth respondent - First respondent in liquidation - Applicant claimed respondents operated as one business
- Result:
- Application dismissed; Costs reserved
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Beauchamp v Chief of the Defence Force
Trish MacKinnon [Employment Relations Authority - Wellington]
- Summary:
- BREACH OF CONTRACT - Applicant claimed respondent breached parties' employment agreement by failing to pay correct redundancy compensation - Respondent claimed error in parties' employment agreement and sought to apply…
- Result:
- Application granted; Redundancy compensation ($73,622); Costs reserved
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Taylor v Rebecca Kate Ltd
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant sought leave to raise grievance out of time - No appearance for respondent
- Result:
- Application granted ; Costs reserved
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Rainford v Cooper Family Investments Ltd
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Delay to building project when building consents not issued - Engagement of contractors to perform work undertaken by…
- Result:
- Application granted ; Contributory conduct (25%) ; Reimbursement of lost wages ($17,307.68) ; Compensation for humiliation etc ($3,750) ; Costs reserved