Determinations database

M B Loftus [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Matter concerned effect of amendment to minimum annual leave entitlement in Holidays Act 2003 on annual leave provisions…
Result:: Application granted; Costs reserved

M B Loftus [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE – Identity of employer – Authority found no statement applicant would become employee of respondent – Found respondent had no need for applicant’s services and unlikely to…
Result:: Application dismissed ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE – Admissibility of evidence – Authority noted another Authority member to investigate parties’ substantive issues – Found any concerns about probative or prejudicial value of particular evidence…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: PARENTAL LEAVE – Applicant sought review of respondent’s decision applicant not eligible for paid parental leave (“PPL”) – Authority found applicant employed continuously by employer under different employment arrangements and…
Result:: Application granted; Costs reserved

C Hickey [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Incapacity - Applicant claimed unjustifiably dismissed – Authority found applicant dismissed when applicant told respondent fit to return to work after injury – Found respondent had no…
Result:: Application granted ; Compensation for humiliation etc ($2,000) ; Reimbursement of lost wages ($9,017.09) ; Costs reserved

C Hickey [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably disadvantaged by content of written warning and constructively dismissed or alternatively unjustifiably disadvantaged by transfer to new work…
Result:: Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($1,250) ; Application dismissed (unjustified dismissal) ; Costs reserved

E Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed trust and confidence in applicant undermined by applicant dishonestly using document and assisting respondent’s director…
Result:: Applications granted; Contributory conduct (100%); Arrears of wages ($2,632.26); Arrears of holiday pay ($1,069.94); Costs reserved

R Larmer [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY – DISPUTE - Applicant sought arrears of wages and holiday pay and interest – Parties disputed interpretation, application or operation of employment agreement (“EA”)…
Result:: Question answered in favour or applicant ; Arrears of wages ($185,144.72) ; Arrears of holiday pay (parties to determine quantum) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS – Unsuccessful personal grievance claim – One and a half day investigation meeting – Respondent sought $9,000 contribution towards costs – Authority found respondent entitled to costs with daily…
Result:: Costs in favour of respondent ($6,250)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Parties disputed whether settlement agreement (“SA”) enforceable – Respondent claimed applicant could not continue with matter in Authority as parties had already settled - Authority found applicant’s…
Result:: Question answered in favour of respondent ; Costs reserved