Determinations database

D King [Employment Relations Authority - Auckland]

Summary:: COSTS – Successful personal grievance – Four day investigation meeting – Unsuccessful application for interim reinstatement – One day investigation meeting – Applicants sought $21,000 contribution to costs – Respondent…
Result:: Costs in favour of applicant ($21,000) ; Costs in favour of respondent ($21,000)

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Respondent sought actual costs of $14,934 plus GST - Applicant argued financial situation meant impossible to meet costs award - Applicant did not provide…
Result:: Costs in favour of respondent ($3,000)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant claimed unjustifiably dismissed following respondent’s refusal to engage in discussion over “outburst” – Respondent argued applicant resigned – Co-worker (“S”) advised…
Result:: Application granted ; Reimbursement of lost wages ($8,812 reduced to $5,703.16) ; Compensation for humiliation etc ($6,000 reduced to $4,000.20) ; Costs in favour of applicant ($2,000) ; Disbursements in favour of applicant ($118.75)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustified dismissal – Respondent claimed dismissal justified for serious misconduct – Respondent witnessed applicant driving forklift recklessly and without licence in breach…
Result:: Application dismissed ; No order for costs

R Arthur [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by not being paid equal wage rate as other caregiver (“X”) – Respondent argued no legal obligation to pay applicant same wage rate…
Result:: Application dismissed ; Costs in favour of respondent ($800)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: JURISDICTION – Whether respondent applicant’s employer – Applicant claimed employment relationship between parties therefore entitled to arrears of wages – Respondent claimed no employment relationship at all material times –…
Result:: Application dismissed ; No order for costs

P R Stapp [Employment Relations Authority - Wellington]

Summary:: PARENTAL LEAVE – Application for relief from irregularity under Parental Leave and Employment Protection Act 1987 (“PLEPA”) – Respondent denied parental leave application due to applicant not being employed by…
Result:: Application dismissed ; No order for costs

H Doyle [Employment Relations Authority - Christchurch]

Summary:: COSTS – Application to withdraw interim reinstatement application – Length of investigation meeting not specified – Applicant asked costs be dealt with in relation to withdrawal of application for interim…
Result:: Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: RECOVERY OF MONIES – No appearance for respondent – Applicant sought recovery of $15,218 pursuant to employment agreement (“EA”) – EA provided relocation expenses must be reimbursed if employee ceased…
Result:: Application granted (Recovery of monies – Relocation expenses) ; Application dismissed (Recovery of monies – Car and accommodation expenses) ; Recovery of monies ($10,733.64)(Relocation expenses) ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER – PRACTICE AND PROCEDURE - No appearance for first respondent – Applicant sought compliance with earlier determinations against first respondent – Sought second and third respondent, as directors…
Result:: Compliance ordered ; Orders made ; Costs reserved