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Gardner and Ors v Platinum Health Ltd (in liq) and Ors
V Campbell [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE - Identity of employer - Franchise agreement - First respondent announced intention not to be bound by franchise agreement - New company (C") established by franchisor to…
- Result:
- Application dismissed ; Costs reserved
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Bailey v Fullers Group Ltd
V Campbell [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by final written warning - Customer unable to produce ticket proving customer paid for ticket - Customer left terminal and applicant chased her…
- Result:
- Application dismissed; Costs reserved
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Elliott v The Chief Executive of the Department of Corrections
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed unjustifiably dismissed by respondent - Restructure - Applicant sought reinstatement - Applicant alleged dismissal due to performance and respondent biased - Performance improvement…
- Result:
- Application dismissed; Costs reserved
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Stevenson v PJ Broughan Family Trust
T G Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Incapacity - Applicant claimed unjustifiably dismissed by respondent - Broken ankle - Unable to do 80 per cent of job - Light duties for short periods only…
- Result:
- Application granted; Compensation for humiliation etc ($1,000); Costs in favour of applicant ($633)
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Boskett v Kaltenstadler and Anor
C Hickey [Employment Relations Authority - Christchurch]
- Summary:
- JURISDICTION - Whether applicant employee or independent contractor - No written agreement - Initially applicant worked on property in exchange for accommodation -- Applicant later agreed to manage resale…
- Result:
- Application dismissed; No order for costs
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Myatt (Labour Inspector) v Zefiro Catering Ltd
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- PENALTY - Applicant sought penalty for respondent's failure to comply with improvement notice and compliance order - Previous determination ordered compliance and granted leave to return to Authority for imposition…
- Result:
- Application granted; Penalty ($8,000)(payable to Crown); No order for costs
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Thomas v Advance International Cleaning Systems (NZ) Ltd
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent sought contribution towards costs - No evidence of legal advice sought - Respondent noted applicant's financial…
- Result:
- Costs to lie where they fall
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Nayathodan v The Selwyn Foundation
T G Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION - RAISING PERSONAL GRIEVANCE - Whether settlement agreement between parties prevented Authority hearing matter - Whether applicant raised grievance within 90 days - Applicant claimed subjected to racial and…
- Result:
- Applications granted (jurisdiction - raising personal grievance); Application dismissed (practice and procedure); No order for costs
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Keeling v Mexted Motors Ltd
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- DISPUTE - Parties disputed applicant's eligibility to commission payments during notice period not worked by applicant - Respondent decided applicant not required to work full notice period - Loss…
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Dearsly v Encore Designer Seconds Ltd t/a Encore Fashion Recycle
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- CONSENT ORDER – Parties reached agreement on costs – Terms of agreement to be orders of Authority – Order prohibiting publication of terms of agreement
- Result:
- Consent order granted ; Orders accordingly ; No order for costs