Determinations database

D King [Employment Relations Authority - Auckland]

Summary:: COSTS – Unsuccessful personal grievance claim – Length of investigation meeting not specified – Respondent sought $3,000 contribution to $6,561 total costs - $3,000 contribution to costs appropriate
Result:: Costs in favour of respondent ($3,000)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: JURISDICTION – Whether employee or independent contractor – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed parties not in employment relationship – Applicant’s engagement described as independent contractor, not…
Result:: Application dismissed ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: ARREARS OF HOLIDAY PAY – Applicant Labour Inspector sought unpaid holiday pay on behalf of former employee of respondent – Respondent claimed applicant already paid holiday pay – Respondent claimed…
Result:: Application granted ; Arrears of holiday pay ($3,863.60) ; Interest (4.6%) ; Penalty ($500)(Failure to pay holiday pay)(Payable to Crown) ; No order for costs ; Disbursements in favour of applicant ($71.56)(Filing fee)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS – Unsuccessful personal grievance claim – One day investigation meeting – Respondent sought $12,000 contribution to costs – Applicant claimed $3,000 contribution to costs reasonable – Applicant claimed any…
Result:: Costs in favour of respondent ($4,000)

P R Stapp [Employment Relations Authority - Wellington]

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 ; Orders accordingly ; No order for costs

J Crichton [Employment Relations Authority - Christchurch]

Summary:: PENALTY – Authority previously determined union’s resolution to take strike action in future was not itself strike within meaning of law – Authority found respondent acted illegally in suspending workers…
Result:: Application granted ; Penalty ($1,000)(Payable to each applicant) ; Costs reserved

E Robinson [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) - Applicants claimed respondents breached terms of employment agreements, primarily restraint of trade and related terms – First and…
Result:: Application granted ; No order for costs

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: DISPUTE – RECOVERY OF MONIES - Applicants sought order requiring respondents repay union fees deducted by it with interest and penalties - Respondent had refused to remit union fees deducted…
Result:: Questions answered in favour of applicants ; Penalty application reserved ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Applicant sought compliance with mediated settlement agreement (“SA”) - No appearance for respondent - Respondent claimed business had been sold and not in financial position to make…
Result:: Compliance ordered ; Interest (4%) ; No order for costs

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Applicant claimed when employment ended final pay incorrect - Applicant sought payment for final day of employment and holiday pay - Respondent claimed…
Result:: Application granted ; Arrears of wages ($156) ; Holiday pay ($1,560) ; No order for costs