Determinations database

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Redundancy – Applicants (Mr and Mrs Payne – Employees) argued redundancies not genuine and no consultation – Respondent’s (G Ellmers and S Ellmers t/a Ellmers Properties -…
Result:: Applications dismissed ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: COSTS - Successful interim reinstatement application - Successful personal grievance - Length of investigation meetings not specified - Applicant sought $16,000 contribution to total costs of $22,500 - Applicant claimed…
Result:: Costs in favour of applicant ($15,000)

J Crichton [Employment Relations Authority - Christchurch]

Summary:: COSTS – Successful personal grievance – Less than half day investigation meeting – Applicant sought $4,282 indemnity costs – Respondent proposed $1,000 contribution to costs more appropriate – Applicant claimed…
Result:: Costs in favour of applicant ($1,000)

R Arthur [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Respondent told applicant not enough work coming in to pay applicant’s 40 hour a week wage - Respondent claimed applicant agreed to leave without pay…
Result:: Application granted (Unjustified dismissal) ; Counterclaim partially granted (Recovery of monies) ; Pay in lieu of notice and holiday pay ($2,249.35) ; Interest ($225.48) ; Compensation for humiliation etc ($5,000) ; Recovery of monies ($809.84) ; Costs reserved

R Arthur [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE – Applicant claimed suffered number of unjustified disadvantages relating to ankle injury received when had to move quickly to avoid car driven by angry motorist had just issued…
Result:: Applications dismissed ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant (Ms Kerr – Employee) claimed unjustifiably disadvantaged and unjustifiably constructively dismissed following disciplinary meeting and subsequent issuing of memo naming applicant – Applicant…
Result:: Application granted ; Reimbursement of lost wages ($2,796.00) ; Compensation for humiliation etc ($13,000) ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: JURISDICTION – Whether employee or independent contractor – Applicant paid monthly and did not render invoices for payments – Applicant supplied with van and fuel card – Applicant wore company’s…
Result:: Applications granted ; Reimbursement of lost wages ($7,700) ; Compensation for humiliation etc ($3,000) ; Arrears of holiday pay ($8,147.70) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee)

K J Anderson [Employment Relations Authority - Auckland]

Summary:: JURISDICTION – UNJUSTIFIED DISMISSAL – Whether person intending to work – Applicant alleged offered and accepted position but respondent withdrew offer – Claimed was person intending to work, therefore employee…
Result:: Applications granted ; Reimbursement of lost wages ($23,400) ; Compensation for humiliation etc ($12,000) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE – Applicant injured hand at work – Injury reported and applicant continued working to end of shift – Applicant noticed pain and swelling and obtained medical certificate saying…
Result:: Application granted ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Applicant sought compliance with Authority determination - Applicant awarded costs of $1,500 plus disbursements of $401 - Respondent not paid full costs award, rather paying by incremental…
Result:: Compliance ordered ; Costs to lie where they fall