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New Zealand Office Products v Howard
R A Monaghan [Employment Relations Authority - Auckland]
- Summary:
- COSTS - Dispute concerning restraint of trade - Both parties successful to approximately equal degrees - Applicant sought $8,000 contribution to costs - Respondent sought $10,000 contribution to costs -…
- Result:
- Costs to lie where they fall
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25 September 2001
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AA 124A/01
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Anderson t/a Karen Anderson School of Dance & Drama
D King [Employment Relations Authority - Auckland]
- Summary:
- CONSENT ORDER - Terms of settlement recorded as consent order - Respondent to provide applicant with letter of apology
- Result:
- Consent order granted ; Costs to lie where they fall
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24 September 2001
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AA 140/01
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McRae v The Derry Trust
N Taylor [Employment Relations Authority - Wellington]
- Summary:
- PRACTICE AND PROCEDURE - Application for leave to raise grievance outside 90-day time limit - Whether exceptional circumstances - Obtained advice from lawyer shortly after dismissal - Considered advice but…
- Result:
- Application dismissed ; Costs reserved
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21 September 2001
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WA 63/01
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Arthur v Manawatu Rugby Football Union Inc
D Asher [Employment Relations Authority - Wellington]
- Summary:
- COSTS - Successful breach of contract claim - Unsuccessful personal grievance - 2/3 contribution to total costs of $11,700 sought - Claim for GST denied - Reasonable contribution granted
- Result:
- Costs in favour of applicant ($2,100)
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21 September 2001
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WA 53A/01
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Clemence v Southland Museum & Art Gallery Trust Board
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISMISSAL - Alleged conflict of interests - Contractual prohibition on unpaid work which was incompatible with, impaired or conflicted with respondent's interests - Implied duty of fidelity - Letter…
- Result:
- Application granted ; Reimbursement of lost wages ($8,928 reduced to $5,900) ; Compensation for humiliation etc ($15,000 reduced to $10,000) ; Costs reserved
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21 September 2001
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CA 45/01
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Rota v Excell Corporation Ltd
Y S Oldfield [Employment Relations Authority - Auckland]
- Summary:
- UNJUSTIFIED DISMISSAL - Serious misconduct - Warning issued in relation to timekeeping - Privilege of travelling to and from work in work vehicle withdrawn - No contractual right to use…
- Result:
- Application dismissed ; Costs reserved
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21 September 2001
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AA 139/01
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Laird v Armadillo Restaurants (Auckland) Ltd
P R Stapp [Employment Relations Authority - Auckland]
- Summary:
- JURISDICTION - Whether employee - Alleged applicant was to purchase respondent - Alleged worked for purpose of buying respondent - Credibility - Applicant's evidence preferred - Evidence of job offer…
- Result:
- Application granted ; Arrears of wages ($240.64) ; Arrears of holiday pay ($1,453.74) ; No order for costs
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21 September 2001
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AA 138/01
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Richmond Ltd t/a Richmond Pacific v Meat & Related Trades Workers' Union of Aotearoa
D Asher [Employment Relations Authority - Wellington]
- Summary:
- DISPUTE - Interpretation of collective employment contract - Negotiations between applicant and respondent over variation of staffing levels resulted in written document - Respondent's agreement contingent on other changes to…
- Result:
- Orders accordingly ; Costs reserved
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20 September 2001
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WA 64/01
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Huddleston v J N L Nominees Ltd t/a George Street Delicatessen
P R Stapp [Employment Relations Authority - Wellington]
- Summary:
- UNJUSTIFIED DISMISSAL - Whether dismissed or abandoned employment - Reinstated after suspended during serious misconduct investigation - Disputed when applicant was to return to work - Alleged failed to restart…
- Result:
- Application dismissed ; Costs to lie where they fall
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20 September 2001
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WA 36A/01
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Sibly v Christchurch City Council
P Cheyne [Employment Relations Authority - Christchurch]
- Summary:
- UNJUSTIFIED DISADVANTAGE - Redundancy - Whether entitled to retiring gratuity pursuant to employment contract - Respondent's previous practice was to pay both gratuity and redundancy compensation - No ambiguity in…
- Result:
- Application dismissed ; Costs reserved
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20 September 2001
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CA 44/01