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Lunjevich v Attorney-General in respect of the Department of Corrections
D King [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Serious misconduct - Convicted of driving under influence of alcohol or drugs - Failed to advise employer of criminal charges as required under code of conduct -…
- Result:
- Application granted ; Reinstatement ordered ; Costs reserved
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19 October 2001
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AA 114A/01
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Mangu v Seahunter (NZ) Ltd
N Taylor [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL - Serious misconduct - Submission of grievance - Grievance submitted out of 90-day time limit - No objection to late submission made - Alleged pressure to work faster…
- Result:
- Application dismissed ; Costs reserved
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Hunt v Formica (NZ) Ltd
WRC Gardiner [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Serious misconduct - Involved in confrontation with co-worker - Disputed whether punched co-worker - Investigation conducted but no witnesses admitted to seeing punch - Given warning -…
- Result:
- Application granted ; Reimbursement of lost wages ($6,010.16)(13 weeks) ; Compensation for humiliation etc ($3,500) ; Costs reserved
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18 October 2001
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AA 160/01
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Martine v Gary Holland Earthmoving Ltd
S Bathgate [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL - Redundancy - Alleged dismissal procedurally unfair - Informed by co-worker that employment finished - Minimum requirements of procedural fairness not met - Truck driver
- Result:
- Application granted ; Compensation for humiliation etc ($3,500) ; Costs reserved
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Howe v Johnson's House Removal Ltd
J Wilson [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE - Application to reopen investigation - Alleged new information available - Purported evidence that respondent company not winding down as originally alleged - No effect on genuineness…
- Result:
- Application dismissed ; Costs reserved
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17 October 2001
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AA 31A/01
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Bartlett v Five Oaks Farm Trust
N Taylor [Employment Relations Authority - Christchurch]
- Summary:
- CONSENT ORDER - Full and final settlement reached during investigation meeting - Authority to record terms of settlement - Respondent to pay agreed sum to applicant - No admission of…
- Result:
- Consent order granted ; No order for costs
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16 October 2001
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CA 46A/01
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Gardner v Dynamic Communications Ltd
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- BREACH OF CONTRACT - Restraint of trade - Disputed whether employment contract signed - No restraint of trade in original contract - Employment contracts standardised - Contained new bonus scheme…
- Result:
- Application granted ; Damages ($5,890) ; Penalty in favour of applicant ($2,000) ; Penalty in favour of Crown ($2,000) ; Costs reserved
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16 October 2001
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AA 159/01
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Duthie v Westpac Banking Corporation
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- ARREARS OF WAGES - Whether entitlement to redundancy compensation - Part-time position disestablished - Declined change in hours due to domestic responsibilities - Genuine redundancy situation - Declined offer of…
- Result:
- Application dismissed ; Costs reserved
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Corporate Dial A Driver Ltd v Harrison
WRC Gardiner [Employment Relations Authority - Auckland]
- Summary:
- PRACTICE AND PROCEDURE - Application to reopen investigation - Investigatory meeting unnecessary - Arrears of holiday pay - Alleged already paid - Wage records showed payment for whole period of…
- Result:
- Application dismissed ; Costs reserved
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15 October 2001
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AA 116A/01
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McCready v Dataperfect Holdings Ltd t/a Dataset Computer Supplies
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- BREACH OF CONTRACT - Applicant left employment and set up own business - Approached prospective clients including respondent's clients - Declaration that activities not in breach of confidentiality provisions in…
- Result:
- Application adjourned ; Costs reserved
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12 October 2001
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AA 158/01