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Lim v Kerrick Industries Ltd
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Unsuccessful personal grievance claim - Less than one day investigation meeting - Respondent sought $28,059 indemnity costs - Respondent made $3,000 Calderbank offer - Authority found appropriate to…
- Result:
- Costs in favour of respondent ($2,500)
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Taranaki District Health Board v Graamans
M Ryan [Employment Relations Authority - Wellington]
- Summary:
- DISPUTE – Parties disputed whether position description created following restructure substantially similar to respondent’s previous position description – Parties disputed nature of respondent’s position – Restructure created generic position description…
- Result:
- Questions answered in favour of applicant ; Costs reserved
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Milne v New Leaf Beauty Therapy Ltd
M Ryan [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent - Authority found respondent consulted with applicant regarding respondent’s proposal to reduce applicant’s guaranteed hours but respondent did not…
- Result:
- Application granted; Reimbursement of lost wages ($4,312.50); Compensation for humiliation etc ($6,000); Compensation for loss of benefit ($86.25)(KiwiSaver contribution); Costs reserved
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Nash v Wellington Regional Chamber of Commerce and Anor
T MacKinnon [Employment Relations Authority - Wellington]
- Summary:
- PRACTICE AND PROCEDURE - Identity of employer - Authority's discretion under s219 to grant extension of time
- Result:
- Application dismissed; No order for costs
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Healy v DBLShot Ltd
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION - UNJUSTIFIED DISMISSAL - Poor performance - Applicant claimed unjustifiably dismissed by respondent - 90 day trial period - Loud conversations heard by customers - Over ordering stock…
- Result:
- Application dismissed; Costs reserved
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Donovan v Euro Builders Ltd
C Hickey [Employment Relations Authority - Christchurch]
- Summary:
- JURISDICTION – Whether applicant employee or independent contractor – Whether Authority had jurisdiction to order respondent to pay PAYE to Inland Revenue Department or provide receipt to applicant for vest…
- Result:
- Application partially granted (jurisdiction) ; Application granted (arrears of wages and holiday pay) ; Arrears of wages ($208) ; Arrears of holiday pay ($260) ; Interest (5%) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs
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Coumbe v Paintworx Ltd
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- JURISDICTION – Whether applicant employee or independent contractor – Applicant sought arrears of wages and holiday pay – Whether parties agreed to change applicant’s status from independent contractor to employee…
- Result:
- Application dismissed ; No order for costs
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Teding van Berkhout v The Commissioner of Police
D Appleton [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by respondent’s refusal to consider leave application until applicant accepted roster changes and unjustifiably dismissed by respondent…
- Result:
- Application granted (unjustified dismissal) ; Reimbursement of lost wages ($9,287.20) ; Compensation for humiliation etc ($10,000) ; Application dismissed (unjustified disadvantage) ; Costs reserved
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Carroll v Community Living Trust
K J Anderson [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent - Two of respondent’s clients lived in flat with assistance of respondent’s caregivers – Client (“A”) had history…
- Result:
- Application dismissed ; Costs reserved
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Pinto v LNP Consulting Ltd
A Fitzgibbon [Employment Relations Authority - Auckland]
- Summary:
- CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
- Result:
- Consent order granted ; Orders accordingly ; No order for costs