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Home Improvements (2003) Co Ltd v McLaughlin
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement (“SA”) – Compliance order made by Authority previously regarding instalments overdue at time of previous Authority investigation meeting – Remaining…
- Result:
- Application granted ; Compliance ordered ; No order for costs
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Mica Developments Ltd v Wang (Labour Inspector)
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- PRACTICE AND PROCEDURE – Applicant objected to respondent’s improvement notice requiring applicant to pay sick pay to former employee (“S”) – Whether S took sick leave with no intention of…
- Result:
- Application dismissed ; Costs reserved
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Stephens v Meja Ltd previously known as The Fish N Chip Shop (Palmerston) Ltd
H Doyle [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by two written warnings and unjustifiably dismissed by respondent – Whether applicant late, used cell phone at…
- Result:
- Applications granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($4,080) ; Compensation for humiliation etc ($6,400) ; Compensation for loss of benefit ($217.90)(KiwiSaver) ; Costs reserved
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Reid, Labour Inspector v Rose Investments Ltd
A Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- COMPLIANCE ORDER – Applicant sought compliance with Demand Notice – Arrears of holiday pay – PENALTY – Applicant sought penalty for respondent’s failure to pay arrears of holiday pay –…
- Result:
- Application granted (compliance order) ; Compliance ordered ; Interest (5%) ; Application dismissed (penalty) ; Costs in favour of applicant ($250) ; Disbursements in favour of applicant ($71.56)(filing fee)
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Kiwa and Ors v Phil's Place Ltd
T G Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE – Application for non-publication of identity of individual involved with respondent (“R”) – Whether media attention would have negative impact on R’s business and ability to move…
- Result:
- Application dismissed ; No order for costs
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Collier v Tama Rakau Logging Ltd
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- COSTS – Successful personal grievance claim – One day investigation meeting – Applicant sought $5,115 contribution towards costs – Authority found not fair and equitable for applicant to be awarded…
- Result:
- Costs in favour of applicant ($2,500) ; Disbursements in favour of applicant ($71.56)(filing fee)
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Morris v Christchurch Polytechnic Institute of Technology
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- JURISDICTION – Whether applicant person intending to work – Unilateral withdrawal of offer of employment
- Result:
- Application dismissed ; Costs reserved
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Cunliffe v Warkworth Golf Club Inc
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Constructive Dismissal - Applicant claimed unjustifiably dismissed by respondent - Applicant offered new position after restructure - Whether parties employment agreement (EA") required applicant work weekends -…
- Result:
- Applications dismissed; Costs reserved
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Patel v OCS Ltd
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance and arrears of wages claim - One day investigation meeting - Respondent sought $14,500 contribution towards costs - Respondent made calderbank offer - Applicant…
- Result:
- Costs in favour of respondent ($10,250); Disbursements in favour of respondent ($19.45)(courier)
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The New Zealand Public Service Association v The Commissioner of Inland Revenue
M Ryan [Employment Relations Authority - Wellington]
- Summary:
- DISPUTE – Parties disputed interpretation and application of agreed formal review process for employees not agreeing with outcome of annual remuneration review – Whether link between performance and remuneration only…
- Result:
- Questions answered in favour of respondent ; Costs reserved