Determinations database

D Asher [Employment Relations Authority - Wellington]

Summary:: RAISING PERSONAL GRIEVANCE – Application to raise grievance out of time – Applicant claimed raised grievance within time, however, applicant’s union failed to represent grievance to respondent within time –…
Result:: Application granted ; Parties directed to mediation ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: BREACH OF CONTRACT – Respondent and other employees allowed regular customer (“L”) to purchase non-fuel items on BP fuel card – Card stated “fuel and oil only” therefore purchase outside…
Result:: Application dismissed ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: INJUNCTION – Application for interim reinstatement – Applicant claimed dismissal unjustified – Respondent argued applicant sabotaged respondent’s products and reinstatement not practical – Respondent had numerous complaints made against applicant…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE – Whether Authority had jurisdiction to reopen conclusion reached by auditor - Parties entered into agreed audit – Audit found applicant owed monies to respondent – Applicant…
Result:: Applications granted ; Recovery of monies ($75) ; New investigation meeting scheduled ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: RAISING PERSONAL GRIEVANCE – Application for leave to raise grievance out of time – Applicant claimed exceptional circumstances and just to grant leave – Applicant unsuccessfully sought mediation with respondent…
Result:: Application granted ; Parties directed to mediation ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE – Whether settlement agreement valid and enforceable – Parties entered into settlement agreement – Agreement full and final settlement of issues and provided applicant not to bring…
Result:: Application dismissed ; Counterclaim dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Applicant’s father (“X”) represented applicant in disciplinary proceedings - Respondent formed adverse view of X - Argued X’s conduct abusive, threatening, bullying and intimidating -…
Result:: Application granted ; Reimbursement of lost wages (Quantum to be determined) ; Compensation for humiliation etc ($10,000) ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant resigned from respondent to work for competitor (“C”) – Respondent conducted audit of applicant’s computer and discovered applicant emailed confidential information to home…
Result:: Application granted (Unjustified dismissal) ; Application dismissed (Penalty) ; Reimbursement of lost wages ($9,115.96 reduced to $911.60) ; Compensation for humiliation etc ($5,000 reduced to $500) ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: COSTS - One and a half days investigation meeting - Applicants successful in substantive determination - Applicant's sought $10,880 as contribution to $12,585 actual costs - Authority found costs should…
Result:: Costs in favour of applicant ($5,000) ; Disbursements in favour of applicant ($250.95)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - No appearance for respondent - Applicant’s employment agreement required telephone numbers to be taken with client bookings and that applicant not smoke or smell…
Result:: Application granted ; Reimbursement of lost wages ($3,978 reduced to $3,580.20) ; Compensation of humiliation etc ($7,500 reduced to $6,759) ; Costs in favour of applicant ($750) ; Disbursements in favour of applicant ($70)(Filing fee)