Determinations database

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS – Unsuccessful personal grievance – One day investigation meeting - Respondent sought $7,500 contribution to costs – Applicant claimed costs should lie where they fall as successful on disputed…
Result:: Costs in favour of respondent ($3,500)

D Asher [Employment Relations Authority - Wellington]

Summary:: COSTS – Unsuccessful arrears claim – Half day investigation meeting – Respondent claimed on two occasions invited applicants to pay $2,000 and airfares for travel to Wellington for investigation meeting…
Result:: Costs in favour of respondent ($1,800)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES – ARREARS OF HOLIDAY PAY – No appearance for respondent – Applicant claimed did not receive two days’ wages for final days worked and owed holiday pay…
Result:: Application granted ; Arrears of wages and holiday pay ($2,940.92) ; Costs in favour of applicant ($86.25) ; Disbursements in favour of applicant ($71.56)(filing fee)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed unpaid wages and holiday pay – Applicant unable to work since Christchurch Earthquake – Applicant claimed received $1,000 payment in reduction…
Result:: Arrears of wages ($730) ; Arrears of holiday pay ($4,230.77) ; No order for costs ; Disbursements in favour of applicant ($71.56)(Filing fee)

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed and unjustifiably disadvantaged by respondent – Applicant claimed subjected to work-related stress over prolonged period and bullying…
Result:: Application dismissed ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed when given final warning - Applicant recruited employees for respondent’s clients - Respondent’s branch where applicant worked…
Result:: Applications dismissed ; Costs reserved

R Larmer [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiable dismissed by respondent – Respondent foreman (“F”) claimed no authority to hire and fire people – Authority found F did make decisions regarding employees…
Result:: Applications granted ; Contributory conduct (20%) ; Reimbursement of lost wages ($5,867) ; Compensation for humiliation etc ($6,000 reduced to $4,800) ; Arrears of wages ($110)(diesel reimbursement) ($217.50)(chainsaw allowance) ($439.20)(travel reimbursement); Arrears of holiday pay ($2,080.50) ($200)(public holiday pay) ; Costs reserved

E Robinson [Employment Relations Authority - Auckland]

Summary:: GOOD FAITH - BREACH OF CONTRACT – Preliminary issue - Respondent undertook recruitment exercises and interviewees included employees of another airline (“SAA”) - Applicants claimed respondent breached good faith obligations…
Result:: Applications dismissed ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE – Referral of question of law to Employment Court (“EC”) – Applicants alleged respondent effected unlawful and out of time wage deductions in context of limited industrial…
Result:: Orders accordingly ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Parties requested determination be limited to consideration of whether applicant unjustifiably dismissed and leave remedies, if applicable, for further determination - Applicant alleged to…
Result:: Application granted ; Costs reserved