Determinations database

C Hickey [Employment Relations Authority - Christchurch]

Summary:: BARGAINING – PENALTY - Applicants sought penalty against respondent for alleged breach of multi-union collective employment agreement (“MUCA”) and sought Authority direction that parties attend mediation if found respondent had…
Result:: Applications partially granted ; Orders made ; Penalty – breach of collective employment agreement ($1,250)(payable to first applicant)($1,250)(payable to second applicant)($2,500)(payable to Crown) ; Penalty – breach of good faith obligations ($1,250)(payable to first applicant)($1,250)(payable to second applicant)($2,500)(payable to Crown) ; Costs reserved

R Larmer [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful interim reinstatement claim and unsuccessful jurisdiction claim - Length of investigation meeting not specified - Respondent sought indemnity costs of $45,115 - Authority found not appropriate to…
Result:: Costs in favour of respondent ($8,000)

J Crichton [Employment Relations Authority - Auckland]

Summary:: COUNTERCLAIM – PRACTICE AND PROCEDURE – Respondent sought order applicant’s claims frivolous or vexatious – JURISDICTION – Whether applicant employee or volunteer – Applicant claimed unjustifiably disadvantaged by respondent –…
Result:: Applications dismissed ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Aggressive and overbearing manner - Applicant undertook training in team management and communication skills - Allegation of…
Result:: Application dismissed; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: COSTS - Unsuccessful recovery of monies claim - Less than one day investigation meeting - Applicant sought $2,500 contribution towards costs - Authority found no reason to vary normal costs…
Result:: Costs in favour of applicant ($2,000)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Determination of preliminary issue - Whether Authority had jurisdiction to separate issues - Whether Authority should determine whether restraint of trade clause can be assigned by…
Result:: Application dismissed; Costs reserved

D Appleton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Authority found more thorough investigation by respondent required as applicant young, inexperienced and facing serious allegation -…
Result:: Application granted; Reimbursement of lost wages ($6,217.13); Compensation for humiliation etc ($7,500); Costs reserved

R Larmer [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Incapacity – Applicant claimed unjustifiably dismissed by respondent – Authority found fair and reasonable employer could have concluded termination of applicant’s employment appropriate outcome after applicant’s absence…
Result:: Application granted ; Contributory conduct (25%) ; Compensation for humiliation etc ($1,500) ; Costs reserved

J Crichton [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Redundancy - Applicant claimed unjustifiably dismissed by respondent - Applicant claimed former position advertised by respondent following redundancy - Respondent claimed made mistake in calculation of number…
Result:: Application dismissed; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - PENALTY - Applicant sought compliance with previous Authority determination - Applicant sought penalty for respondent's failure to comply with previous Authority determination - Respondent claimed…
Result:: Application granted; Compliance ordered; Interest (5%); Application dismissed (penalty); Costs reserved; Disbursements in favour of respondent ($71.56)(filing fee)