Determinations database

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought $3,500 contribution to costs - Respondent claimed made Calderbank offer to applicant - No costs submissions received…
Result:: Costs in favour of respondent ($3,500)

J Wilson [Employment Relations Authority - Auckland]

Summary:: DISPUTE – Interpretation of Collective Employment Agreement (“CEA”) – Applicant claimed respondent unable to require applicant to work alternative days of week as party of ordinary hours of work –…
Result:: Questions answered ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: INJUNCTION – RESTRAINT OF TRADE – Applicant claimed respondent breach terms of restraint of trade, confidentiality and conflict of interest provisions of employment agreement by entering into employment relationship with…
Result:: Application granted ; Orders made ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Misconduct – Applicant successfully applied for driver/coach position – Applicant withdrew from position after unsuccessful candidate (“JE”) complained about applicant’s driving skills – JE to undertake applicant’s…
Result:: Application dismissed ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed - Respondent claimed applicant left employment of own free will - Respondent’s concerns about applicant’s performance led to disciplinary meeting where applicant issued…
Result:: Application dismissed ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: COSTS – Unsuccessful application regarding identity of employer – One day investigation meeting – Respondent sought $1,500 contribution to costs from each applicant – Authority found respondent’s late production of…
Result:: No order for costs

H Doyle [Employment Relations Authority - Christchurch]

Summary:: PARENTAL LEAVE – Applicant self-employed and failed to send parental leave application forms to Inland Revenue Department (“IRD”) until more than one year after forms completed – IRD declined application…
Result:: Application dismissed ; No order for costs

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF HOLIDAY PAY - No appearance for respondent = Applicant claimed did not receive all holiday pay owing following dismissal for redundancy - Respondent claimed applicant did not complete…
Result:: Application granted ; Arrears of holiday pay ($4,631.55) ; Disbursements in favour of applicant ($70)(filing fee)

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably dismissed and subjected to disadvantage as consequence of unjustified actions and unlawful discrimination – Authority found applicant resigned – Found no…
Result:: Application dismissed (unjustified dismissal) ; Application dismissed (counterclaim) ; Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($1,000) ; Reimbursement of tuition fees ($5,035) ; Costs reserved ; Disbursements in favour of applicant ($70)(filing fee)

R A Monaghan [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE – Identity of employer – Respondents denied employer and claimed employer was Community Insurance and Investment Group Limited (“C”) – Employment agreement contained no reference to C…
Result:: Application granted ; Reimbursement of lost wages ($6,330) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($528) ; Arrears of holiday pay ($2,617.37) ; Costs reserved