Determinations database

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE – Applicant claimed verbally attacked and unfairly blamed for issues with respondent’s clients – Respondent denied any unjustified actions - Applicant claimed assaulted at Christmas function – Authority…
Result:: Applications dismissed (Disadvantage & Dismissal) ; Costs in favour of employer ($10,000)

D Asher [Employment Relations Authority - Wellington]

Summary:: PERSONAL GRIEVANCE – Redundancy – Constructive dismissal – Applicant claimed respondent actively and expressly planned to make position redundant – Applicant alleged was managed out – Applicant told manager reluctantly…
Result:: Application dismissed ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed following altercation with staff members (“D” and “T”) – Applicant manager shared accommodation on farm property with husband and wife…
Result:: Application dismissed ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: GOOD FAITH – Applicants claimed respondent breached s4(1A) Employment Relations Act 2000 (“ERA”) – Applicants’ positions redundant following restructuring – Applicants unsuccessfully applied for new positions arising out of restructuring…
Result:: Application granted in part ; Orders made ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant received verbal warning following complaint from student’s parents – Applicant received final written warning following further complaint about applicant’s interaction with students –…
Result:: Application granted ; Reinstatement ordered ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Applicants claimed owed arrears of wages and payment in lieu of notice - Respondent did not dispute liability - Found employment agreement provided for four weeks’…
Result:: Applications granted ; $1,038.46 (Arrears of wages)(Applicant 1) ; $4,153.84 (Pay in lieu of notice)(Applicant 1) ; $3,946.11 (Holiday pay)(Applicant 1) ; $415.40 (Sick pay)(Applicant 1) ; $10,384.60 (Arrears of wages)(Applicant 2) ; $4,153.84 (Pay in lieu of notice period)(Applicant 2) ; $3,323.04 (Holiday Pay)(Applicant 2) ; Interest (4.8%) ; Disbursements in favour of applicants ($70)(Filing fee)

G J Wood [Employment Relations Authority - Wellington]

Summary:: DISPUTE – Whether “trial” employment agreement (“EA”) lawful with respect to collective employment agreement (“CEA”) – Whether EA consistent with s67 Employment Relations Act 2000 (“ERA”) – Applicant union claimed…
Result:: Questions answered in favour of respondent ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: COSTS - Unsuccessful personal grievance - Half day investigation meeting - Respondent sought $1,200 contribution to costs - Respondent not represented by counsel at investigation meeting but relied on preparation…
Result:: Costs in favour of respondent ($750)

J Crichton [Employment Relations Authority - Christchurch]

Summary:: BREACH OF CONTRACT – PENALTY - Applicant sought penalty for breach of settlement agreement – Applicant claimed respondent breached agreement by disclosing to journalist (“C”) confidential information about applicant’s conviction…
Result:: Applications dismissed ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: INJUNCTION – Application for interim reinstatement – Applicant claimed had strongly arguable case respondent failed to follow fair process in restructuring – Authority found clearly arguable case dismissal unjustified –…
Result:: Application granted ; Costs reserved