Determinations database

H Doyle [Employment Relations Authority - Christchurch]

Summary:: COSTS - Unsuccessful personal grievance claim and successful arrears of wages and holiday pay claim - Less than one day investigation meeting - Applicant sought full costs of $8,050 -…
Result:: Costs in favour of applicant ($3,000) ; Disbursements in favour of applicant ($71.56)(filing fee)

D King [Employment Relations Authority - Auckland]

Summary:: GOOD FAITH – BARGAINING – Applicant claimed respondent passed on terms of collective employment agreement (“CEA”) to non-union employees – Authority found compensation offered to non-union employees not substantially similar…
Result:: Application dismissed; Costs reserved

R Arthur [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant claimed unjustifiably disadvantaged by respondent's decision to suspend applicant and unjustifiably dismissed - Authority found respondent's decision to suspend applicant…
Result:: Application granted (unjustified dismissal); Reinstatement ordered; Contributory conduct (one third); Reimbursement of lost wages (parties to determine quantum); Compensation for humiliation etc $4,000; Application dismissed (unjustified disadvantage); Costs reserved

R Larmer [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Quantum of remedies - Authority previously awarded applicant lost remuneration and parties unable to determine quantum - Respondent to pay applicant $17,291 reimbursement of lost wages…
Result:: Application granted ; Orders made ; Quantum specified ; Interest (5%) ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority found proceedings involving similar issues already before EC – Matter removed to EC
Result:: Application granted; Costs to lie where they fall

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Authority found parties' EA did not include valid 90 day trial period or probation clause - Respondent's…
Result:: Application granted ; Reimbursement of lost wages ($6,142.50) ; Compensation for humiliation etc ($4,000) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Authority found respondent breached obligation to consider redeploying applicant to part-time position by deciding to advertise part-time positions –…
Result:: Application granted (unjustified disadvantage); Reimbursement of lost wages (parties to determine quantum); Compensation for humiliation etc ($7,500); Application dismissed (unjustified dismissal); Costs reserved

R Larmer [Employment Relations Authority - Auckland]

Summary:: COSTS - Personal grievance claim withdrawn - One day investigation meeting - Respondent sought indemnity costs of $12,000 - Respondent claimed indemnity costs appropriate as claim lacked substance and applicant…
Result:: Costs in favour of respondent ($3,500)

J Crichton [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority found in all circumstances matter should be removed to EC – Matter removed to EC
Result:: Application granted ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: COSTS - Partially successful claims - Two days investigation meeting - Applicant sought contribution towards total costs of $22,537 - Respondent sought contribution towards total costs of $37,767 - Authority…
Result:: Costs to lie where they fall