Determinations database

P R Stapp [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Application for cancellation of union registration under s17 Employment Relations Act 2000 (“ERA”) - Applicant applied for order cancelling registration of respondents - Application not opposed…
Result:: Application granted ; Orders accordingly ; No order for costs

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent decided to drug test 6 employees who respondent had reasonable cause to suspect using drugs – Applicant chosen for test – Applicant consented…
Result:: Application dismissed ; Costs reserved

M B Loftus [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Authority previously determined applicant employed by respondent and owed arrears of wages - Respondent attempted to appeal decision to Employment Court (“EC”) - Respondent did not…
Result:: Orders made ; No order for costs

R Larmer [Employment Relations Authority - Auckland]

Summary:: GOOD FAITH - COMPLIANCE ORDER – Applicant sought compliance order to prevent implementation of new roster pattern – Respondent had proposed to move from 12 hour shifts to eight hour…
Result:: Compliance ordered ; Costs reserved

E Robinson [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Respondent to pay applicant six weekly payments…
Result:: Consent order granted ; Orders accordingly ; Disbursements in favour of applicant ($70)(Filing fee)

K J Anderson [Employment Relations Authority - Auckland]

Summary:: JURISDICTION – Whether employee or independent contractor – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed applicant independent contractor – Applicant owned and operated hairdressing salon – Applicant forced…
Result:: Application dismissed ; Costs reserved

M B Loftus [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Constructive dismissal – No appearance for respondent – No written employment agreement - Applicant employed as digger operator – Applicant occasionally operated chainsaw – Applicant had confirmed…
Result:: Application granted ; Reimbursement of lost wages ($24,750) ; Compensation for humiliation etc ($10,000) ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES - ARREARS OF HOLIDAY PAY - Matter determined on the papers - Applicant claimed owed arrears of wages and holiday pay - Company (“P”) that provided business…
Result:: Application granted ; Arrears of wages ($5,680.82) ; Holiday pay ($3,187.60) ; Interest (5%) ; Disbursements in favour of applicant ($70)(Filing fee)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: DISPUTE – Interpretation of collective employment agreement (“CEA”) – Length of service over 30 years – Applicant employed to work as and when required when fulltime skipper temporarily unavailable –…
Result:: Questions answered ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Applicant deceased - Applicant died intestate and no administrator appointed - Applicant’s partner (“P”) claimed applicant owed outstanding wages and holiday pay -…
Result:: Application dismissed ; Costs reserved