Determinations database

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY – Applicant employed as salesperson on purported fixed term contract - Applicant sought payment of bonus payment plus associated holiday pay - Applicant’s employment…
Result:: Application granted (arrears of wages)(holiday pay) ; Arrears of wages ($961) ; Holiday pay ($76.88) ; Interest (4.5%) ; Application dismissed (penalty) ; Counterclaim dismissed ; Costs in favour of applicant ($1,650)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed for failing to contact respondent and provide sufficient reasons for overnight stay and delayed return to base following day - Applicant drove…
Result:: Application granted (unjustified dismissal) ; Reimbursement of lost wages ($9,945)(reduced for contributory conduct) ; Compensation for humiliation etc ($8,000 reduced to $7,200) ; Application dismissed (penalties) ; Costs in favour of applicant ($2,800) ; Disbursements in favour of applicant ($140)(Service fees)($71.56)(Filing fee)

D Asher [Employment Relations Authority - Wellington]

Summary:: COSTS – Successful arrears claim – Half day investigation meeting – Authority found respondent’s failure to participate in process contributed significantly to costs unnecessarily incurred by applicant – Respondent disputed…
Result:: Costs in favour of applicant ($1,500) ; Disbursements in favour of applicant ($70)(Filing fee)

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Identity of employer – Director of respondent claimed some wages paid – Authority found given payment made, applicant employed by respondent – Second respondent removed from…
Result:: Application granted ; Arrears of wages ($789) ; No order for costs

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement – Applicant sought immediate payment of amount due or penalty for delays in payment – Respondent claimed failed to make…
Result:: Compliance ordered ; No order for costs ; Disbursements in favour of applicant ($71.56)(Filing fee)

G J Wood [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Respondent relied in part on evidence obtained from recordings from covert surveillance camera to dismiss applicant - Private…
Result:: Application granted ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Quantum of remedies – Authority previously ordered reimbursement of lost wages – Parties unable to agree on calculation – Quantum specified by Authority
Result:: Quantum specified ; Reimbursement of lost wages ($8,005.79) ; No order for costs

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: COSTS - Successful personal grievance - Less than one day investigation meeting - Respondent sought contribution to costs - Respondent claimed entitled to costs as although applicant successful no remedies…
Result:: No order for costs

M B Loftus [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed dismissal unjustified - Respondent operated Drug Treatment Units (“DTU”) which provided programmes for prison inmates pursuant to contract with Department of Corrections…
Result:: Application granted ; Reimbursement of lost wages ($1,057.69) ; Compensation for humiliation etc ($5,000) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified – Respondent sought $4,130 costs – Respondent claimed put to significant cost and applicant’s claim without merit –…
Result:: Costs in favour of respondent ($2,000)