Determinations database

M B Loftus [Employment Relations Authority - Christchurch]

Summary:: DISPUTE – Interpretation of parties’ collective employment agreement (“CEA”) – Parties disputed whether employees should receive additional payment under CEA dirty work clause when employees worked with respondent soot blowing…
Result:: Question answered in favour of respondent ; Costs reserved

R Arthur [Employment Relations Authority - Auckland]

Summary:: 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; No orders for costs

M Ryan [Employment Relations Authority - Wellington]

Summary:: BARGAINING – Application for reference to facilitation – Applicant sought reference to facilitation under s50C(1)(c) Employment Relations Act 2000 – Applicant claimed had been protracted or acrimonious strikes and lockouts…
Result:: Application granted ; No order for costs

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES - Applicants sought arrears of wages and holiday pay - Authority found respondent not entitled to deduct from first applicant's (R") wages cost of repairing alleged damage…
Result:: Applications granted ; Arrears of wages ($1,446.30)(first applicant) ; Arrears of wages and holiday pay ($2,624.71)(second applicant) ; Interest payable (5%) ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Parties sought order for removal on grounds important question of law likely to arise and in all circumstances…
Result:: Application granted ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: COSTS - Successful personal grievance - One day investigation meeting - Applicant sought $14,000 contribution to costs as Calderbank offer rejected by respondent - Respondent argued timeframe given to respond…
Result:: Costs in favour of applicant ($4,000) ; Disbursements in favour of applicant ($71.56)(Filing fee)

E Robinson [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Parties reached agreement on applicant's arrears of holiday pay - Respondent to pay applicant $4,512 arrears of holiday pay - Interest payable - Terms of settlement to…
Result:: Consent order granted ; Orders accordingly ; Interest (5%) ; Disbursements in favour of applicant ($71.56)(Filing fee) ; Costs reserved

J Crichton [Employment Relations Authority - Auckland]

Summary:: COSTS - Partially successful claim - Investigation meeting less than half day - Applicant sought $2,000 contribution towards costs - Respondent claimed costs should lie where they fall - Authority…
Result:: Costs to lie where they fall

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - First applicant (P") and second applicant ("N") sought arrears of wages and holiday pay - Third applicant ("K") sought arrears of wages -…
Result:: Applications granted; Arrears of wages ($5,505.50)(first applicant); Arrears of wages ($8,076.25)(second applicant); Arrears of wages ($5,504.50)(third applicant); Arrears of holiday pay ($1,200)(first applicant); Arrears of holiday pay ($1,400)(second applicant); Interest (5%); No order for costs; Disbursements in favour of first and second applicants ($71.56)(filing fee); Disbursements in favour of third applicant ($71.56)(filing fee)

J Crichton [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unjustifiably dismissed by respondent – Authority found decision to make applicant’s position redundant not genuine – Found respondent did not…
Result:: Applications granted; $25,000 reimbursement of lost wages; $8,000 compensation for humiliation etc; Disbursements in favour of applicant ($71.56)(Filing fee); Costs reserved