Determinations database

J Crichton [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE – Quantification of remedies – Dispute answered in favour of applicant – Parties left to determine remedies by negotiation – Authority found determination not well expressed –…
Result:: Questions answered ; Orders accordingly ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Application to reopen investigation - Authority found applicant had personal grievance and awarded remedies - Respondent claimed Authority’s original determination ignored or overlooked evidence placed before…
Result:: Application dismissed ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: RAISING PERSONAL GRIEVANCE - Applicant raised number of concerns with respondent about feeling unsafe in workplace while working with one of respondent’s clients - Respondent removed applicant from working with…
Result:: Application dismissed ; Costs reserved

E Robinson [Employment Relations Authority - Auckland]

Summary:: RAISING PERSONAL GRIEVANCE - Applicant claimed resignation was unjustified constructive dismissal - Applicant failed to raise grievance within 90 days - Applicant sought leave to raise grievance out of time…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: JURISDICTION – Whether employees or independent contractors – No appearance for respondent – Authority found applicants were labour only contractors – Found applicants received fortnightly labour only sub-contractors payslips –…
Result:: Application dismissed ; No order for costs

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent argued applicant abandoned employment – Applicant claimed required to work significantly higher hours than had been promised – Claimed…
Result:: Application granted ; Reimbursement of lost wages ($9,360) ; Arrears of holiday pay ($1,959) ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant summarily dismissed following threat to report respondent to Land Transport Safety Authority (“LTSA”) for log book offences - Applicant claimed owed meal allowance…
Result:: Application dismissed (Unjustified dismissal) ; Application granted (Arrears of wages and holiday pay) ; Arrears of wages ($174.38) ; Holiday pay ($595.88) ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – ARREARS OF WAGES – No appearance for applicants – Applicants claimed unjustifiably dismissed and not paid minimum wages during employment – Applicants were casual employees called in…
Result:: Applications dismissed ; Costs to lie where they fall

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: COSTS – One day investigation meeting – Application for costs in relation to investigation of preliminary issue by Authority – Authority determined applicant not in an employment relationship – Noted…
Result:: Costs in favour of respondent ($4,500) ; Disbursements ($200)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: COSTS – Unsuccessful claim for interim reinstatement – Half day investigation meeting – No costs submissions received from respondent – Applicant provided copy of invoice for solicitor fees – Authority…
Result:: Costs in favour of applicant ($2,000)