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Leggett v McMaster
12 Apr 2007, J Crichton, CA 40/07, (6 pages)
JURISDICTION - Whether accord and satisfaction – Applicant genuinely redundant – Despite genuine attempt, respondent failed to meet procedural fairness obligations – At end of notice period parties agreed extra payment would be made to applicant – Payment in full and final settlement – Deficit cured - UNJUSTIFIED DISADVANTAGE – Discrimination – Alleged respondent failed to deal with verbal abuse and harassment by co-worker as result of applicant's sexual orientation – Co-worker admitted insulted applicant occasionally but claimed simply responding to applicant's behaviour – Respondent acknowledged applicant complained, but only in relation to insults, not sexual harassment – Claimed asked co-worker to behave and later separated men so no longer worked together – Respondent dealt appropriately with complaint – No unjustified disadvantage – Gardener
Result: Application dismissed ; Costs reserved
Tu'inukuafe v Fuima'ono
27 Mar 2007, D King, AA 94/07, (2 pages)
JURSIDICTION - Whether employee or independent contractor - No appearance for respondent - No written employment agreement - Respondent contracted to courier company - Triangular relationship - Applicant claimed employed to drive respondent's courier van and was no discussion about being contractor - Claimed uniform and petrol supplied by respondent, and did not provide invoices - Not in business on own account - Instructed and paid set rate - Employee - ARREARS OF WAGES - Applicant not paid wages except for one payment - Wages due and owing - Interest 7.9 percent
Result: Application granted ; Arrears of wages ($1,320) ; Disbursements in favour of applicant ($70)(Filing fee)
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