Determinations database

P R Stapp [Employment Relations Authority - Wellington]

Summary:: ARREARS OF WAGES – Applicant sought $1,548 unpaid sick leave – Respondent claimed applicant not entitled to sick leave because all sick leave entitlement used – Authority found leave records…
Result:: Application granted ; Arrears of wages ($1,548.20) ; Damages for costs ($3,656) ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – Applicant claimed respondent breached employment agreement through dissemination of confidential information and competing with and soliciting…
Result:: Consent order granted ; Orders accordingly ; No order for costs

G J Wood [Employment Relations Authority - Wellington]

Summary:: DISPUTE – INJUNCTION – Following comments made and actions taken by applicant’s organiser (“M”), respondent (Affco NZ Ltd – Employer) informed applicant (NZ Meat Worker’s Union – Union) would not…
Result:: Application granted ; Orders accordingly

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably dismissed by respondent – Argument occurred between applicant and one of respondent’s owners (“B”) – Applicant objected to disrespectful way another…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant dismissed by respondent for using highly offensive language that was not acceptable in workplace – Applicant denied allegation regarding words attributed to her…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE – Identity of employer – Respondent claimed never employed applicant at any time – Applicant claimed respondent assumed responsibility over employment – Applicant advised position to be…
Result:: Application dismissed ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed unjustifiably constructively dismissed – Claimed bullied and harassed by manager (“M”) resulting in unjustified disadvantage – Also claimed respondent…
Result:: Applications dismissed (Dismissal)(Disadvantage) ; Application granted (Recovery of monies) ; Recovery of monies ($589.08) ; Costs reserved

M B Loftus [Employment Relations Authority - Christchurch]

Summary:: UNJSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed – Respondent argued applicant could not have been dismissed given casual employee status – Applicant claimed became permanent full time employee during employment…
Result:: Application dismissed ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Applicants confidential union members as concerned would be discriminated against on grounds of union membership if respondent knew - Respondent signalled intention to commence…
Result:: Application dismissed ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS – Unsuccessful personal grievance – Two day investigation meeting – Respondent sought $7,500 contribution to costs for interim reinstatement application and $7,500 for substantive matter – Respondent made two…
Result:: Costs in favour of respondent ($14,000)