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Kiernan v Chief Executive of the Ministry of Business, Innovation and Employment
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- PARENTAL LEAVE – Applicant sought review of respondent’s decision applicant not eligible for paid parental leave (“PPL”) – Authority found while applicant told in general way could take child applicant…
- Result:
- Orders made ; Costs reserved
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Argus v New Zealand Steel Ltd
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE - Applicant claimed unjustifiably disadvantaged by respondent’s refusal to pay applicant “prolonged sickness” leave - Application of collective agreement – Applicant unable to perform duties following surgery –…
- Result:
- Application granted ; Orders made; Compensation for humiliation etc ($3,500) ; Costs reserved
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Vollmer v The Wood Life Care (2007) Ltd
C Hickey [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by suspension and being issued with trespass notice – Applicant claimed unjustifiably dismissed by respondent – Request…
- Result:
- Applications granted (unjustified disadvantage)(unjustified dismissal) ; Contributory conduct (25%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for loss of KiwiSaver benefit (quantum to be determined) ; Compensation for humiliation etc ($9,375) ; Costs reserved
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Roberts v Aspiring Health Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful jurisdiction claim - Less than one day investigation meeting - Applicant sought $3,500 contribution towards costs - Applicant to pay respondent $1,750 contribution towards costs
- Result:
- Costs in favour of respondent ($1,750)
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John v Rainey Collins Wright Ltd
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- ARREARS OF HOLIDAY PAY – RECOVERY OF MONIES - Applicant sought arrears of holiday pay - Applicant sought recovery of PAYE - Whether applicant paid holiday pay with ordinary…
- Result:
- Applications granted; Arrears of holiday pay ($842.43); Recovery of monies ($244.21); Costs to lie where they fall
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McIntyre v Pernod Ricard New Zealand Ltd
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Authority found respondent failed to conduct full investigation and question all relevant witnesses – Found respondent did…
- Result:
- Application granted ; Reimbursement of lost wages ($9,685) ; Compensation for loss of benefits ($5,163.75) (superannuation, medical insurance, vehicle allowance, wine allowance) ; Compensation for humiliation etc ($5,000) ; Costs reserved
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Varley v Results Christchurch Ltd
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- JURISDICTION – Whether applicant employee or independent contractor – Applicant given option of being employee or independent contractor – Applicant elected to be independent contractor – No employment agreement –…
- Result:
- Application dismissed ; Costs reserved
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Harrington v Picture Vehicles Ltd (formerly known as Central Freight Services Ltd) and Anor
M B Loftus [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE – Discrimination – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by second respondent’s actions, discriminated against on basis of gender and sexually harassed – Applicant…
- Result:
- Applications granted (unjustified disadvantage)(unjustified dismissal) ; Reimbursement of lost wages ($38,243.38) ; Compensation for humiliation etc ($25,000) ; Application dismissed (penalty) ; Costs reserved
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Eagle v Hill Park Dental Ltd
E Robinson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably disadvantaged by breach of confidentiality, relocation, reduction of hours and underpayment of wages – Applicant claimed unjustifiably dismissed…
- Result:
- Applications granted ; Contributory conduct (50%) ; Compensation for humiliation etc ($3,000) ; Reimbursement for lost wages (quantum to be determined) ; Arrears of wages and holiday pay ($90) ; Recovery of monies ($516.22) ; Costs reserved
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Keung v Future Print & Design Ltd
J Crichton [Employment Relations Authority - Auckland]
- Summary:
- COMPLIANCE ORDER - PENALTY - Applicant sought compliance with parties settlement agreement - Whether to impose penalty for respondent obstructing Authority investigation - COSTS - Applicant sought contribution towards costs…
- Result:
- Applications granted; Compliance ordered; Penalty ($1,000)(payable to applicant); Costs in favour of applicant ($1,000)