Determinations database

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: JURISDICTION – Whether employee or independent contractor – First respondent went into liquidation – Authority found applicant’s claims against first respondent could not proceed – Dispute as to service of…
Result:: Orders made ; No order for costs

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Poor performance – UNJUSTIFIED DISDVANTAGE – No appearance by applicant – Applicant experienced pain in hands and informed respondent – Condition deteriorated and applicant took pain medication…
Result:: Applications granted (unjustified dismissal) (unjustified disadvantage) ; Reimbursement of lost wages ($4,616 reduced to $3,462) ; Compensation for humiliation etc ($4,000 reduced to $3,000)(unjustified dismissal) ($500)(Unjustified disadvantage) ; Application dismissed (penalty) ; Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: JURISDICTION – Applicant sought repayment of loan plus interest and costs – Respondent incurred debt from purchases made using Barter Card system – Agreed between parties sums spent on card…
Result:: Application dismissed ; Costs to lie where they fall

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: BREACH OF CONTRACT – No appearance for respondent – Parties entered employment agreement with intention respondent would complete drain laying apprenticeship with applicant over four years – Applicant sought to…
Result:: Application granted ; Damages ($2,484.53) ; No order for costs

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
Result:: Consent order granted ; Orders accordingly ; No order for costs

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed by respondent – Respondent discovered applicant advertised own sexual email and explicit photography services on respondent’s advertising website – Respondent concerned activity would…
Result:: Application dismissed ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: ARREARS OF HOLIDAY PAY – No appearance for respondent – Respondent in error as to scheduled time of investigation meeting – Applicant Labour Inspector sought unpaid holiday pay – Respondent…
Result:: Application granted ; Arrears of holiday pay ($5,646.33) ; Disbursements in favour of applicant ($70)(filing fee) ; No order for costs

G J Wood [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
Result:: Consent order granted ; Orders accordingly ; No order for costs

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent advised applicant had serious concerns about applicant’s performance and conduct that could result in disciplinary action - Applicant replied to concerns - Other…
Result:: Application granted ; Reimbursement of lost wages (3 months reduced to 2 months) ; Compensation for humiliation etc ($10,000 reduced to $7,500) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: ARREARS OF WAGES - Applicant claimed owed arrears of wages - Respondent did not dispute wages owing - Respondent claimed no funds to pay applicant - Claimed expected money from…
Result:: Application granted ; Arrears of wages ($30,961.53) ; Disbursements in favour of applicant ($70)(Filing fee)