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Employment Case Summary November 2008 - Table of Contents
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Employment Cases Summary November 2008

 
 

Practice & Procdure - Consent Orders - Employment Relations Act 2000

Bonney v Byrnecut Mining PTY Ltd as Trustee for the Byrnecut Mining Unit Trust
16 Sep 2008, H Doyle, CA 136/08, (2 pages)
CONSENT ORDER - Parties reached agreement on terms of settlement - Respondent agreed to reinstate applicant without prejudice on interim basis in accordance with application for interim reinstatement - Respondent to withdraw applicant's letter of dismissal until further notice and reimburse for lost wages - Respondent to reinvestigate matter that caused applicant's dismissal - Respondent not required to attend work in meantime but needed to be available to participate in reinvestigation process as advised - Respondent to consider applicant's claim for compensation at conclusion of reinvestigation process
Result: Consent order granted ; Orders accordingly ; No order for costs

 

Davis v Land Meat New Zealand Ltd
16 Sep 2008, D Asher, WA 124/08, (2 pages)
CONSENT ORDER - Parties reached agreement on terms of settlement - 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

 

Hina and Anor v Spanbuild (NZ) Ltd
18 Sep 2008, H Doyle, CA 141A/08, (1 pages)
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

 

Hina and Anor v Spanbuild (NZ) Ltd
18 Sep 2008, P Montgomery, CA 141/08, (1 pages)
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

 

Houia v Walmsley Contracting Ltd
25 Sep 2008, G J Wood, WA 127/08, (1 pages)
CONSENT ORDER - Parties reached agreement on terms of settlement - 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

 

New Zealand Nurses Organisation Inc and Anor v Carrington Home for the Elderly Ltd
16 Sep 2008, G J Wood, WA 104G/08, (1 pages)
CONSENT ORDER - Parties requested Authority issue the following orders - Respondent agreed within specified time to sign and return confirmation form - Respondent to notify employees of bargaining and provide copy of notice of bargaining to applicants as well as duly notify representation arrangements for purpose of MECA bargaining - Respondent to confirm acknowledgment of obligations now apply in consequence of notice initiating bargaining on specified date - Applicants to withdraw proceedings filed against respondent - Parties agreed for costs to lie where they fall
Result: Consent order granted ; Orders accordingly ; Costs to lie where they fall

 

New Zealand Nurses Organisation v Mount Roskill Medical and Surgical Ltd
23 Sep 2008, G J Wood, WA 116A/08, (2 pages)
CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Respondent to become party to Primary Health Care Multi-Employer Collective Agreement by subsequent party clause - Respondent to be bound by outcome of current bargaining between New Zealand Nurses Organisation and New Zealand Medical Association - Applicant to withdraw proceedings against respondent - Parties agreed costs to lie where they fall
Result: Consent order granted ; Orders accordingly ; No order for costs

 

New Zealand Nurses Organisation v Phillips Medical Trust and Anor
23 Sep 2008, G J Wood, WA 116/08, (2 pages)
CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Respondent to become party to Primary Health Care Multi-Employer Collective Agreement by subsequent party clause - Respondent to be bound by outcome of current bargaining between New Zealand Nurses Organisation and New Zealand Medical Association - Applicant to withdraw proceedings against respondent - Parties agreed costs to lie where they fall
Result: Consent order granted ; Orders accordingly ; No order for costs

 

Nuttal v Armourguard Security Ltd
16 Sep 2008, M Urlich, AA 326/08, (2 pages)
CONSENT ORDER - Parties reached agreement on terms of settlement - Respondent to pay applicant $5,500 by specified date - Terms of settlement to be orders of Authority
Result: Consent order granted ; Orders accordingly ; No order for costs

 

Prentice v S R Adamson Contracting
30 Sep 2008, D Asher, WA 132/08, (2 pages)
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

 

Temperzone Ltd v Joy
12 Sep 2008, A Dumbleton, AA 144C/08, (2 pages)
CONSENT ORDER - Parties reached agreement on terms of settlement - Terms contained in Deed of Settlement - Terms of settlement to be orders of Authority - Mareva Injunction ordered earlier by Authority formally discharged and assets released - Proceedings between parties withdrawn from Authority - Parties acknowledged Deed of Settlement would not affect investigation by Serious Fraud Office of respondent while employed by applicant
Result: Consent order granted ; Orders accordingly ; No order for costs

 

Watlington v Anedan Holdings Ltd & Anor
17 Sep 2008, R A Monaghan, AA 327/08, (1 pages)
CONSENT ORDER - Parties reached agreement on terms of settlement - 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


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