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MacDonald v Whale Pumps Ltd t/a Denby Caterers
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Dismissal – Applicant claimed unjustifiably dismissed by respondent - Whether applicant casual or permanent part-time employee – No written employment agreement – Argument via text message –…
- Result:
- Application partially granted (arrears of wages and holiday pay) ; Arrears of holiday pay ($292.81) ; Applications dismissed (unjustified dismissal)(penalty) ; Costs reserved
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Taurerewa v Total Property Services (Wellington) Ltd
M Ryan [Employment Relations Authority - Wellington]
- Summary:
- PRACTICE AND PROCEDURE - UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Identity of employer – Applicant claimed unjustifiably disadvantaged by respondent’s actions and unjustifiably dismissed by respondent - Respondent’s contract…
- Result:
- Application dismissed; Question answered in favour of respondent; Costs reserved.
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Price-Brennan v Jireh Auto Tyres Ltd
R Larmer [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Poor Performance – Applicant claimed unjustifiably dismissed by respondent – Whether applicant employed for fixed-term – Whether written employment agreement – Alleged smoking outside, and walking around…
- Result:
- Applications granted ; Contributory conduct (10%) ; Reimbursement of lost wages ($4,374) ; Compensation for humiliation etc ($4,500) ; Arrears of holiday pay (quantum to be determined) ; Costs reserved
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Angus v Ports of Auckland Ltd
T G Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- DISPUTE – Parties disputed whether applicant’s role limited to work covered by Collective Employment Agreement rail schedule – Whether applicant general stevedore or stevedore undertaking rail work – Stevedore
- Result:
- Question answered in favour of respondent ; Costs reserved
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Taurerewa v Cobb
M Ryan [Employment Relations Authority - Wellington]
- Summary:
- JURISDICTION – Whether applicant employed by respondent – Respondent took over cleaning contract – Respondent advised that applicant wished to transfer employment from previous holder of cleaning contract – Respondent…
- Result:
- Applications granted ; Reimbursement of lost wages ($3,276) ; Compensation for loss of benefit ($262.08)(holiday pay) ; Compensation for humiliation etc ($3,000) ; Costs reserved
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MacDonald v Lean Meats Oamaru Ltd
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Argument with co-worker – Whether applicant verbally abused co-worker – Whether applicant sprayed co-worker with water –…
- Result:
- Application dismissed ; Costs reserved
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Cronin-Lampe and Anor v Board of Trustees of Melville High School
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE – Applicants claimed unjustifiably disadvantaged by respondent’s failure to provide safe workplace, breach of obligations under Health and Safety in Employment Act 1992 and causation of significant emotional…
- Result:
- Applications dismissed ; Costs reserved
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Dong v Kiwisports Preschool Ltd t/a Kiwicare Preschool
T G Tetitaha [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Restructure – Transitional arrangement – Reduction of government funding – Whether applicant dismissed because of argument with fellow…
- Result:
- Application granted ; Reimbursement of lost wages ($3,520) ; Compensation for humiliation ($8,000) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
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Sudh v Geordis Wilson New Zealand Ltd
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – New Zealand Customs (“Customs”) audited applicant’s work following serious error – Customs uncovered further errors and opined…
- Result:
- Application dismissed ; Costs reserved
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VOLOM Ltd v Z
A Dumbleton [Employment Relations Authority - Auckland]
- Summary:
- CONSENT ORDER - Parties reached agreement on terms of settlement - Respondent restrained for defined period from trading with clients or franchisees of applicant with whom respondent had contact, or…
- Result:
- Consent order granted ; Orders accordingly ; Respondent to pay applicant's costs