Determinations database

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Objection to demand notice - No appearance for applicant - Respondent Labour Inspector received and investigated complaints about unpaid holiday pay - Respondent believed complainants employees…
Result:: Application dismissed ; Arrears of wages ($1,141.17) ; Interest (4%) ; No order for costs

H Doyle [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant sought direction that respondent lodge and serve sworn copies of unsworn affidavits filed and served in opposition…
Result:: Application granted ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed – Respondent argued dismissal justified for gross negligence amounting to serious misconduct – Employment agreement and handbook provided serious misconduct…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful practice and procedure claim - No investigation meeting - Matter determined on the papers - First respondent sought total costs of $4,425 plus disbursements - First respondent…
Result:: Costs in favour of first respondent ($1,500) ; Disbursements in favour of first respondent ($100)

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Applicant informed respondent wished to travel to native Brazil but not entitled to annual leave – Respondent left message while applicant away to take extra unpaid leave…
Result:: Application granted ; Reimbursement of lost wages ($1,400) ; Compensation for humiliation etc ($3,000) ; No order for costs

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Incapacity – UNJUSTIFIED DISADVANTAGE – Applicant injured while gardening and informed respondent considering resigning as found night caregiver role too difficult – Applicant provided series of medical…
Result:: Application dismissed ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Applicant resigned - Event occurred leading to respondent offering applicant 12 months leave without pay as alternative to resignation - Applicant dismissed following investigation concluding gained employment…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed constructively dismissed as result of respondent’s breach of duty to provide safe workplace, which caused injury, making it impossible for applicant to…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER – No appearance for respondent – Applicant sought compliance with Authority determination – Respondent failed to pay compensation and lost wages – Applicant sought interest on payments –…
Result:: Compliance ordered ; Interest (4.7%) ; Costs in favour of applicant ($500) ; Disbursements in favour of applicant ($70)(filing fee)

R Arthur [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Redundancy – Applicant on parental leave when informed respondent considering making position redundant – Applicant alleged respondent knew many months earlier role redundant and should have given…
Result:: Application dismissed ; No order for costs