Determinations database

J Crichton [Employment Relations Authority - Christchurch]

Summary:: DISPUTE – ARREARS OF WAGES - First issue, whether redundancy clause correctly interpreted and applied – Redundancy clause provided redundant workers entitled to “pro rate long service leave based on…
Result:: Questions answered in favour of applicants ; Compliance ordered ; Orders made ; Long service leave (Quantum to be determined)(All applicants) ; Pay in lieu of notice (3 weeks)(Quantum to be determined)(All applicants) ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: JURISDICTION – Whether respondent applicant’s employer – Applicant claimed respondent became applicant’s employer pursuant to shareholders agreement between parties – Respondent argued no employment relationship formed as agreement contingent on…
Result:: Application dismissed ; Costs to lie where they fall

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER – Applicant sought compliance with mediated settlement – Terms provided for payment of settlement sum in eight instalments – Applicant claimed only two instalments paid – Respondent argued…
Result:: Compliance ordered ; No order for costs

G J Wood [Employment Relations Authority - Auckland]

Summary:: COSTS – Partially successful recovery of monies application – Length of investigation meeting not specified – Applicant sought costs of $2,000 – Respondent claimed costs not recoverable as Authority in…
Result:: Costs to lie where they fall

D Asher [Employment Relations Authority - Wellington]

Summary:: DISPUTE – Whether respondent could lawfully deduct money from employee’s weekly wage in event failed to attend work when agreed to cover hours – Authority found employees not reliant on…
Result:: Question answered in favour of applicant ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought unpaid wages, holiday pay and reimbursement of mileage expenses – Respondent claimed no holiday pay owing because included in hourly pay…
Result:: Application granted ; Arrears of wages ($391.62) ; Arrears of holiday pay ($168) ; Reimbursement of expenses (Mileage)($11.80) ; No order for costs ; Disbursements in favour of applicant ($70)(filing fee)

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF HOLIDAY PAY – Applicant claimed unpaid holiday pay and additional annual leave agreed with respondent but later removed under duress – Respondent claimed one day leave owing and…
Result:: Application granted ; Arrears of holiday pay (one day) ; No order for costs

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Constructive dismissal – UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably dismissed following difficulties experienced with Head of Department (“HOD”) – Applicant claimed problem arose following several angry responses…
Result:: Application dismissed (unjustified dismissal) ; Application granted (unjustified disadvantage) ; Compensation for humiliation etc ($6,000) ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY – No appearance for respondent – Authority satisfied employer aware of investigation meeting and chose not to attend – Found applicant paid from various…
Result:: Application granted; Arrears of wages ($3,333.00) ; Arrears of holiday pay ($1,076.57) ; Costs to lie where they fall

V Campbell [Employment Relations Authority - Auckland]

Summary:: DISPUTE – Applicant traditionally operated one work pattern but determined did not meet needs of organisation – Applicant claimed able to introduce new work patterns provided complied with hours…
Result:: Questions answered in favour of applicant – Costs reserved