Determinations database

G J Wood [Employment Relations Authority - Wellington]

Summary:: RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Respondent claimed grievance raised out of time – Applicant contended one of three claims of victimisation within time –…
Result:: Application dismissed ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL – Applicant dismissed for failing to report to work on time or notify operations staff of lateness – Applicant claimed termination invalid because disciplinary process conducted in bus…
Result:: Application granted ; Contributory conduct (100%) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY – Applicants worked on dairy farm owned by respondent - Parties disputed amount of wages, holiday pay, and reimbursement of an expense owing at…
Result:: Applications granted ; Arrears of wages and holiday pay ($3,365.36)(First applicant)($1,346.18)(Second applicant) ; Recovery of monies ($281.25)(Reimbursement for motorbike service) ; Interest (5%) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Respondent argued applicant’s dismissal justified after failed to report for work after leave request declined against background of accumulated misconduct – Incidents where applicant failed to provide…
Result:: Application granted (Dismissal) ; Reimbursement of lost wages (Reduced to $1,200) ; Compensation for humiliation etc (Reduced to $1,000) ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant claimed dismissal for serious misconduct unjustified and commission payments received less than entitled to - Respondent claimed grievance…
Result:: Application granted ; No order for costs

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: COSTS - Discontinued interim reinstatement application - Unsuccessful breach of contract claim - Unsuccessful personal grievance - Two day investigation meeting - Respondent sought $7,500 contribution to costs - Applicant…
Result:: Costs in favour of respondent ($3,500)

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – English not applicant’s first language – Interpreter used at investigation meeting - Applicant claimed respondent’s mangers (“D” and “B”) raised their…
Result:: Applications dismissed ; Costs reserved

P R Stapp [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

G J Wood [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be consent-compliance order of Authority - Order prohibiting publication of terms of…
Result:: Consent order granted ; Orders accordingly ; No order for costs

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES – UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant claimed following statutory and contractual breaches of terms of employment by respondent was forced to resign…
Result:: Application granted (Arrears of wages) ; Applications dismissed (Disadvantage)(Constructive dismissal) ; Arrears of wages ($5,120.00) ; Interest (4.5 percent) ; Costs reserved