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Lowe v Waimapu Station Partnership
Trish MacKinnon [Employment Relations Authority - Wellington]
- Summary:
- RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise grievance out of time - Causal employee - Applicant claimed so affected by breakdown in relationship unable to raise grievance within…
- Result:
- Application dismissed; Costs reserved
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Kenmare v Fulton Hogan Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- COSTS - Partially successful claims - Multiple investigation meetings - Applicant sought $16,500 contribution towards costs plus other costs associated with investigations - Respondent made $10,000 and $15,000 calderbank offers…
- Result:
- Costs in favour of applicant ($10,500); Disbursements in favour of applicant ($1000)(expert fees) ($613.32)(hearing fees )($71.56)(filing fee); Costs in favour of respondent ($2,500); Disbursements in favour of respondent ($200)(expert fees)
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Auckland Harbour Oaks Ltd v Augustin
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Application to re-open investigation – Applicant ordered previously to pay respondents arrears of wages – Whether new evidence
- Result:
- Application dismissed ; Costs reserved
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WYF International Co Ltd t/a Warm Kiwi Insulation v Dowd
A Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- RECOVERY OF MONIES – Applicant sought recovery of wages overpaid to respondent – Whether respondent performed work at locations other than office or construction site – BREACH OF CONTRACT –…
- Result:
- Applications dismissed ; No order for costs
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Ward v St Peter's School Trust Board
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- INJUNCTION – Applicant sought interim reinstatement – Comments written in student testimonials disparaging of students and staff at school – Dismissal while on sabbatical leave – Teacher
- Result:
- Application granted ; Costs reserved
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Colin Bender Chartered Accountants Ltd v Blake
A Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Successful jurisdiction claim - Half day investigation meeting - Applicant sought $3,250 contribution towards costs - Authority found appropriate costs on pro rata basis applied - Respondent to…
- Result:
- Costs in favour of applicant ($1,750)
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Singh v Small Business Web Design Ltd (Kiwi Website Design Ltd)
TG Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- COMPLIANCE ORDER - Applicant sought compliance with settlement agreement (SA") - Incorrect respondent named in SA - No appearance for respondent"
- Result:
- Application dismissed ; No order for costs
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Kent v Barkers Park Ltd and Ors
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by first respondent – Whether applicant resigned – PENALTY – GOOD FAITH – Applicant sought penalty for first respondent’s breach of…
- Result:
- Application granted (unjustified dismissal) ; Reimbursement of lost wages (quantum to be determined) ; Interest (5%) ; Compensation for humiliation etc ($10,000) ; Applications dismissed (penalty – good faith)(unjustified disadvantage)(penalty – breach of contract)(jurisdiction) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
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Phillips v Ports of Auckland Ltd
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Respondent required applicant undergo drug test following accident - Applicant left worksite before drug test could be…
- Result:
- Application granted; Reimbursement of lost wages (quantum to be determined); Reinstatement ordered; Contributory conduct (100% reduction to compensation for humiliation etc); Costs reserved
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Tuiloma v Transport Auckland Corp Ltd t/a Waka Pacific
V Campbell [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether applicant operated vehicle in such a way as to threaten or intimidate member of public –…
- Result:
- Application dismissed ; Costs reserved