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Bay International Ltd v Hutson and Anor
T G Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- DISPUTE - Parties disputed whether specified clauses of respondents' employment agreements (EAs") continued to apply past expiry of fixed term - Whether respondents' employment of indefinite duration - Respondents also…
- Result:
- Questions answered in favour of applicant ; Costs reserved
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Arakelian v DVK Group Ltd
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION - Whether applicant employee or independent contractor - Applicant shareholder and director of respondent for 15 years - Applicant ceased directorship but continued to be shareholder - Applicant…
- Result:
- Application dismissed; Costs reserved
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Kirkwood v Mat Trix Paving Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- JURISDICTION - Whether applicant employee or independent contractor - ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Vehicle accident - Whether applicant…
- Result:
- Applications granted ; Arrears of wages ($350) ; Arrears of holiday pay ($297.95) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
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Peters v Bay Packers (NZ) Ltd
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Unauthorised absenteeism - Applicant too intoxicated to drive or attend work - Whether applicant aware of responsibilities…
- Result:
- Application granted ; Contributory conduct (100%) ; Reimbursement of lost wages ($8,528) ; Costs reserved
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Sergant v Western Mailing Ltd
T G Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Successful personal grievance claim - Two days investigation meeting - Applicant sought $19,985 indemnity costs - Respondent sought contribution towards costs - Respondent made $63,875 Calderbank offer -…
- Result:
- Costs in favour of applicant ($5,250) ; Disbursements in favour of applicant ($587.96)
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McGrannachan v Farmlands Co-Operative Society
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL - Poor performance - Applicant claimed unjustifiably dismissed by respondent - Change of restructure resulted in change of applicant's role - applicant required to make cold calls to…
- Result:
- Application granted; Contributory conduct (20%); Reimbursement of lost wages (quantum to be determined); Compensation for humiliation etc ($8,000); Costs reserved
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Voss v Regent International Education Group Ltd
T G Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Successful personal grievance - Two day investigation meeting - Applicant sought contribution towards costs - Applicants elf represented - Respondent to pay applicant $7,000 contribution towards costs
- Result:
- Costs in favour of applicant ($7,000); Disbursements in favour of applicant ($306.66)(hearing costs)
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Martin-Payne v ReserveNewZealand Ltd
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Serious misconduct - Whether 90 day trial period valid - Respondent relied on trial period clause to dismiss applicant - Applicant misappropriated company documents - No appearance…
- Result:
- Application dismissed; Costs reserved
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McConnell v Board of Trustees Mt Roskill Grammar School
T G Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance claim - Two days investigation meeting - Respondent sought contribution towards costs - Authority found Minute received from Employment Court indicated settlement between parties imminent…
- Result:
- No order for costs
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Mensah v Ward Demolition Ltd
A Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed unjustifiably disadvantaged by respondents failure to provide safe working environment and unjustifiably dismissed by respondent - Applicant claimed bullied…
- Result:
- Application dismissed; Costs reserved