Determinations database

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – PENALTY – No written employment agreement (“EA”) – Authority found no dispute applicant dismissed from respondent – Found only reason provided to applicant that “not right fit”…
Result:: Application granted ; Reimbursement of lost wages (13 weeks) ; Arrears of holiday pay (Quantum to be determined) ; Compensation for humiliation etc ($4,500) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Applicant claimed termination of employment was unjustified dismissal - Applicant claimed either fixed term agreement terminated prior to expiry of fixed term or if fixed term not…
Result:: Application granted ; Reimbursement of lost wages ($13,000) ; Compensation for humiliation etc ($4,000) ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: INTERIM INJUNCTION – RESTRAINT OF TRADE – Applicant sought interim order to commence work at CRT Ltd pending determination of dispute with respondent over restraint of trade provision in employment…
Result:: Application granted ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: CONSTRUCTIVE DISMISSAL – Applicant claimed forced to resign as consequence of co-worker’s (“B”) commission of indecent act – Authority noted issues in case clouded by misconception that B was applicant’s…
Result:: Application dismissed ; Costs to lie where they fall

E Robinson [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER – Parties reached agreement on terms of settlement at investigation meeting – Respondent to pay applicant $900 arrears of wages – Terms of settlement to be orders of…
Result:: Consent order granted ; Orders accordingly ; No order for costs ; Disbursements in favour of applicant ($70)(filing fee)

J Crichton [Employment Relations Authority - Christchurch]

Summary:: DISPUTE – Applicant claimed not given appropriate notice of termination of employment agreement (“EA”) – Respondent denied second EA ever formed and maintained fulfilled obligations of giving proper notice under…
Result:: Question answered in favour of respondent ; Costs to lie where they fall

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Poor performance – Applicant unjustifiably disadvantaged by warnings and unjustifiably dismissed – Applicant issued first written warning following complaint from client – Second warning…
Result:: Applications dismissed (Dismissal)(Disadvantage) ; Orders accordingly ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: COSTS – Successful personal grievance – Less than one day investigation meeting – Applicant sought $4,554 contribution to costs – Respondent sought costs to lie where they fall – Authority…
Result:: Costs in favour of applicant ($3,000) ; Disbursements in favour of applicant ($70)(filing fee)

J Crichton [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF HOLIDAY PAY – Applicant claimed unjustifiable dismissal and arrears of holiday pay – Authority allowed applicant to pursue arrears claim first – Respondent failed to engage with Labour…
Result:: Application granted ; Arrears of holiday pay ($5,422.50) ; Interest (4.5%) ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Incapacity – Applicant dismissed following absence from work due to repeated collapsing of lung – Applicant claimed suffered from effects of work related accident – Respondent claimed…
Result:: Application granted ; Reimbursement of lost wages ($2,685.80) ; Compensation for humiliation etc ($5,000) ; Compensation for loss of benefit clause in CEA ($17,560) ; Costs reserved