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Gabites v Carter Holt Harvey Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Whether applicant used threatening language towards supervisor - Forklift operator
- Result:
- Application granted ; Contributory conduct (20%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($5,600) ; Costs reserved
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Newall v Forte Alpha Operations Pty Ltd and Anor
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION - Whether applicant employee - PRACTICE AND PROCEDURE - Identity of employer - Respondents incorporated in Australia - PENALTY - GOOD FAITH - Applicant sought penalty for first respondent's…
- Result:
- Applications granted ; Arrears of wages ($50,324.29) ; Arrears of holiday pay ($5,894.76) ; Arrears of KiwiSaver ($2,146) ; Recovery of monies ($2,119.13) ; Interest (5%) ; Penalty ($30,000)(payable to applicant) ; Reimbursement of lost wages ($4,615.38) ; Compensation for humiliation etc ($8,000) ; Costs reserved
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McIvor v Saad t/a Pita House
A Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION - Whether applicant in employment relationship with respondent - Whether applicant volunteer on trial - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed constructively dismissed by respondent - Applicant…
- Result:
- Applications granted (jurisdiction) (arrears of wages and holiday pay); Arrears of wages ($1,745.43); Arrears of holiday pay ($286); Application dismissed (unjustified dismissal); No order for costs
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Disoibau v Bob n Lal t/a The Bake House
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Partially successful claims - One day investigation meeting - Applicant sought $6,500 contribution towards costs - Authority found applicant successful party overall but notional daily tariff to be…
- Result:
- Costs in favour of applicant ($2,500)
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Howse v Commissioner of Police
T MacKinnon [Employment Relations Authority - Wellington]
- Summary:
- RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant sought leave to raise grievance out of time - Applicant claimed constructively dismissed - Whether applicant subject to…
- Result:
- Application granted ; Costs reserved
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New Zealand Amalgamated Engineering, Printing and Manufacturing Union v The New Zealand Automobile Assoc
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- DISPUTE - Parties disputed whether employees entitled to be paid when not rostered to work on public holiday and did not work - Employees previously worked on floating roster where…
- Result:
- Question answered in favour of respondent ; Costs reserved
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Malcolm v Platinum Property Trust and Anor
M Ryan [Employment Relations Authority - Wellington]
- Summary:
- PRACTICE AND PROCEDURE - Identity of employer - Whether applicant employed by first respondent before transferring to second respondent - ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday…
- Result:
- Applications granted ; Arrears of holiday pay ($3,460.79) ; No order for costs
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Tamaleaoa v A1 Onehunga Towing Services Ltd
T G Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance and practice and procedure claims - Unsuccessful breach of contract counterclaim - Less than one day investigation meeting - Respondent sought contribution towards costs -…
- Result:
- Costs in favour of respondent ($1,000)
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Nelley v Top Energy Ltd
T G Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance claim - Two days investigation meeting - Respondent sought contribution towards costs - Respondent made $8,500 Calderbank offer - Authority found Calderbank offer reasonable, timely…
- Result:
- Costs in favour of respondent ($10,000)
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Watson v DSN Ltd (in liq)
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION - Whether applicant employee or independent contractor - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Allegation of theft - Trespass notice - Threatened…
- Result:
- Applications granted (jurisdiction)(unjustified dismissal)(recovery of monies) ; Compensation for humiliation etc ($4,000) ; Recovery of monies ($80) ; Costs in favour of applicant ($1,200) ; Application dismissed (arrears of wages)