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McHugh v Chief Executive of the New Zealand Fire Service
V Campbell [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by oral warning – Allegations of bullying made against applicant – Whether applicant spoke to complainant about new colleague in disparaging way –…
- Result:
- Application granted (unjustified disadvantage) ; Contributory conduct (25%) ; Compensation for humiliation etc ($5,250) ; Orders made ; Application dismissed (raising personal grievance) ; Costs reserved
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Callard v Wellington City Transport Ltd
M Ryan [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably dismissed by respondent - Poor attendance record - Continued absences without prior notification - Non-negative alcohol test - Final written warning…
- Result:
- Application dismissed; Costs reserved
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Smart v Canterbury District Health Board
Christine Hickey [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Dismissal - Applicant claimed unjustifiably dismissed by respondent or unjustifiably disadvantaged by respondent's withdrawal of employment offer - Applicant employed by respondent as dental…
- Result:
- Application dismissed; Costs reserved
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Mitalas v Evan Cameron Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Applicant claimed not paid relevant daily pay for statutory holidays - Sick pay -…
- Result:
- Application granted; Arrears of wages ($676.20); Arrears of holiday pay ($966.40); Disbursements in favour of applicant ($71.56)(filing fee); No order for costs
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KVB Kunlun New Zealand Ltd v De Wet
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- COUNTERCLAIM - PRACTICE AND PROCEDURE - Application to strike out applicant's claim - Settlement agreement - Accord and satisfaction - Applicant claimed new information came into its possession after date…
- Result:
- Application granted; Costs reserved
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McKay v Akito Trucking Ltd
Trish MacKinnon [Employment Relations Authority - Wellington]
- Summary:
- CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – 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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Cumming-Steward v Twenty Five Station Ltd t/a Law Debt Collection
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Successful penalty counterclaim and unsuccessful compliance order and penalty claims – Less than one day investigation meeting – Respondent sought $5,261 indemnity costs – Respondent made $1,000 and…
- Result:
- Costs in favour of respondent ($1,250) ; Orders made ; Disbursements in favour of respondent (quantum to be determined)(independent solicitor’s fee)
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Fautua and Ors v Grafton Hotel Ltd (in liq)
TG Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Respondent in process of liquidation
- Result:
- Orders made ; No order for costs
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Lever and Anor v Fitzgerald Trust and Trustees Yvonne Dick and John Alexander and Anor
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- COMPLIANCE ORDER – Applicants sought compliance with parties’ settlement agreement (“SA”) – Trustees – COSTS – Applicants sought contribution towards costs – No appearance for first respondents
- Result:
- Application granted ; Compliance ordered ; Costs in favour of applicants ($500) ; Disbursements in favour of applicants ($71.56)(filing fee)
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Feeney (Labour Inspector) v By Ltd
R Arthur [Employment Relations Authority - Auckland]
- Summary:
- COMPLIANCE ORDER - Applicant sought compliance with previous Authority determination - Respondent ordered previously to pay $14,263 arrears of wages, penalties and reimbursement of filing fees - Business closed -…
- Result:
- Application granted ; Compliance ordered ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs