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EMPLOYMENT CASES SUMMARY October 2007 - Table of Contents
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Practice & procedure - Consent orders - October 2007

 
 

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B & D Doors (NZ) Ltd v Baker

16 Feb 2007, J Wilson, AA 40/07, (2 pages)

COMPLIANCE ORDER - Earlier determinations found respondent did not have personal grievance, and ordered respondent to pay applicant contribution to costs and disbursements - Respondent challenging both determinations - Claimed impecunious and stay of costs determination would not prejudice applicant - Challenge did not operate as stay - Respondent failed to provide evidence of impecuniousity - Not appropriate to exercise discretion to stay costs determination - Respondent ordered to pay costs and disbursements set out in determination

Result: Compliance order granted ; Orders accordingly

Bush v Harvest Traders Ltd

8 Aug 2007, Y Oldfield, AA 239/07, (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

Byrne v Bridgeman Concrete (HB) Ltd

7 Sep 2007, D Asher, WA 126/07, (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

du Plessis v Brezelmania Ltd

30 Aug 2007, D Asher, WA 122/07, (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

Edmonds v Rayda Ltd

4 Sep 2007, PR Stapp, WA 124/07, (2 pages)

CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Settlement resolved employment relationship problem in regard to applicant's dismissal from respondent - Respondent to pay applicant $13,000 in full and final settlement

Result: Consent order granted ; Orders accordingly ; No order for costs

Harrap v JAL Holdings Ltd

17 Sep 2007, D Asher, WA 129/07, (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

Hodgson v Parentline Charitable Trust

12 Jul 2007, J Scott, AA 114B/07, (1 pages)

CONSENT ORDER - Parties agreed to lift interim order prohibiting publication of any report on proceedings under heading 'The Outcomes Project' - Order prohibiting publication of any report on proceedings of evidence related to alleged security breaches in relation to entry to and accessing of respondent's premises and computers in specified months and any evidence that could lead to identification of any person involved, extended - Order to remain in place until determination on matter issued

Result: Consent order granted ; Orders accordingly ; No order for costs

Hodgson v Parentline Charitable Trust

22 Aug 2007, J Scott, AA 114C/07, (1 pages)

CONSENT ORDER - Parties reached agreement regarding suppression of evidence relating to telephone discussions between third parties, excluding evidence relating violent videos initiative, Outcomes Project, and applicant's resignation and departure from respondent

Result: Consent order granted ; Orders accordingly ; No order for costs

Kooij v ANZ National Bank Ltd

19 Sep 2007, PR Stapp, WA 131/07, (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

Lackey v Storage Vault Ltd

5 Sep 2007, PR Stapp, WA 125/07, (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

Mc Laughlin v B & M Entertainment Ltd

22 Aug 2007, GJ Wood, WA 116/07, (1 pages)

CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Respondent agreed to pay applicant $10,500 by specified date

Result: Consent order granted ; Orders accordingly ; No order for costs

Neal v Able Metal Products Ltd

20 Mar 2007, L Robinson, AA 83/07, (2 pages)

CONSENT ORDER - Applicant sought compliance with record of settlement - Compliance order made by consent - Respondent also agreed to pay applicant's filing fee and bank fees resulting from non-compliance - Respondent warned of consequences of further non-compliance

Result: Consent order granted ; Orders accordingly ; No order for costs

Northern Amalgamated Workers Union Inc v Gourmet Mokai Ltd

13 Aug 2007, J Scott, AA 245/07, (1 pages)

CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Agreed variation to collective employment agreement ("CEA") - Agreement recorded intention of parties in Clause of CEA to define and implement production bonus scheme - Agreement subject to certain provisions of CEA - Agreements resolved all matters between parties

Result: Consent order granted ; Orders accordingly ; No order for costs

Orica New Zealand Ltd v Parsons

20 Jul 2007, M Urlich, AA 213/07, (3 pages)

CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Respondent agreed would not divulge or communicate confidential information relating to applicant - Respondent agreed for period of six months from date of Consent Orders would not deal with applicant's listed suppliers, represent himself as agent of applicant of listed customers, or attempt to encourage or persuade any employee, contractor or consultant of applicant to terminate their contract or agreement with applicant - Parties not to make derogatory or damaging statements about each other - Respondent to pay contribution of $30,000 towards costs of applicant engaging computer forensic examiner - Payments made by instalments of $5,000 for period of six months - If respondent breached terms, obliged to pay applicant sum of $30,000 with interest accruing at daily cash rate as contribution towards applicant's legal costs - Applicant to give respondent certificate of service - Applicant to withdraw complaint made to Police - Terms and restraints in Consent Order formed part of final and binding terms of settlement of all legal proceedings

Result: Consent order granted; Orders accordingly ; Costs in favour of applicant ($30,000)

Severinsen v Ministry of Social Development

17 Aug 2007, D Asher, WA 112/07, (2 pages)

CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of all terms of settlement, except respondent's acknowledgement it unjustifiably placed applicant on special leave, and applicant immediately reinstated to his position

Result: Consent order granted ; Orders accordingly ; No order for costs

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