Determinations database

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Constructive dismissal – Respondent argued no constructive dismissal as applicant failed to return to work after period of unexplained absence – Argued applicant deemed to have terminated…
Result:: Application dismissed ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: COSTS – Successful recovery of monies application – Length of investigation meeting not specified – Respondent sought $6,470 indemnity costs – Applicant legally aided – Respondent claimed applicant put respondent…
Result:: Costs in favour of respondent ($6,470.91)

D Asher [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

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Poor Performance – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by warning – Applicant informed of production expectation for plant – Respondent claimed frequently discussed productivity and…
Result:: Application granted ; Contributory conduct (40%) ; Compensation for humiliation etc ($12,000 reduced to $7,200) ; Reimbursement of lost wages ($4,547.14 reduced to $2,728.28) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged when given two warnings for not working reasonable overtime when went home early to care for sick mother – Applicant claimed waiting for…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed unfairly selected for redundancy – Claimed performance unfairly taken into account and because covered by weekly individual employment agreement (“WIEA”) – Respondent argued…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably dismissed by respondent – Applicant suspended pending outcome of investigation into unauthorised transfer for funds, unauthorised accessing of director’s telephone messages,…
Result:: Application dismissed (unjustified disadvantage) (arrears of bonus and holiday pay) ; Application granted (unjustified dismissal) ; Contributory conduct (100%) ; Costs reserved

M B Loftus [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed resignation was constructive dismissal caused by unilateral reduction in pay rate, unwarranted criticism, and unilateral variation of terms of employment - Three…
Result:: Application granted ; Reimbursement of lost wages ($1,782) ; Compensation for humiliation etc ($8,000) ; Counterclaim dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed chain of events based on unfounded allegations led to constructive dismissal because respondent breached obligation to act fairly and in good faith…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Claimed exceptional circumstances existed justifying leave – Authority found issues whether applicant made reasonable arrangements to…
Result:: Application dismissed ; Costs reserved