Determinations database

D Asher [Employment Relations Authority - Wellington]

Summary:: COSTS - Successful personal grievance - Half a day investigation meeting - Applicant sought $3,000 contribution to total costs of $8,500 - Applicant claimed successful in claim and costs should…
Result:: Costs in favour of applicant ($3,000)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed for false theft allegation – Respondent argued applicant misused company cellphone, gave misleading information, and failed to follow lawful instructions…
Result:: Application granted (Recovery of monies) ; Application dismissed (Unjustified dismissal) ; Recovery of monies ($779.18)(Payable to respondent) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY- Applicant claimed owed unpaid commission and holiday pay – Respondent claimed applicant had no entitlement to commissions and not owed holiday pay – Applicant…
Result:: Applications granted (Arrears of wages)(Arrears of holiday pay) ; Counterclaim granted in part ; Recovery of monies ; ($679.18) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Parties provided consent memorandum to remove matter to EC – Parties claimed important question of law arose regarding…
Result:: Application granted ; Matter removed to Employment Court ; No order for costs

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Application for removal to Employment Court – Respondent sought entire matter removed to Court – Applicant sought respondent’s compliance with employment agreement (“EA”), inquiry into damages,…
Result:: Application dismissed ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: RAISING PERSONAL GRIEVANCE – Application to raise grievance out of time – Applicant claimed raised dismissal and disadvantage grievance within time – Claimed alternatively, exceptional circumstance and just to grant…
Result:: Application dismissed ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL – No appearance for respondent – Applicant claimed unjustifiably dismissed following altercation with respondent’s manager (“O”) – Respondent argued applicant abandoned employment – Altercation between applicant and O…
Result:: Applications granted ; Arrears of wages ($686) ; Arrears of holiday pay ($3,493) ; Reimbursement of lost wages ($1,890 reduced to $1,323) ; Compensation for humiliation etc ($8,500 reduced to $5,900) ; Costs in favour of applicant ($2,531.25) ; Disbursements in favour of applicant ($70)(Filing fee)

D Asher [Employment Relations Authority - Wellington]

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

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Respondent claimed applicant justifiably dismissed for genuine redundancy - Applicant claimed dismissal unjustified and respondent breached term of employment regarding nature and duration of employment…
Result:: Application dismissed ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: COSTS - Successful personal grievance - One day investigation meeting - Prohibition from publication order made in substantive determination to remain in place - Applicant initially legally aided - Eligibility…
Result:: Costs in favour of applicant ($3,650) ; Disbursements in favour of applicant ($74.60)(Photocopying and telephone calls)