Determinations database

D Asher [Employment Relations Authority - Wellington]

Summary:: COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant claimed made Calderbank offer - Calderbank offer was for less than awards in Authority - Claimed…
Result:: Costs in favour of applicant ($4,000)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Abandonment – Respondent’s evidence preferred - Applicant claimed unjustified dismissal – Respondent claimed abandonment of employment – Altercation occurred between applicant and co-workers – Applicant stated “I…
Result:: Application dismissed ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: COSTS - Unsuccessful raising personal grievance claim - Length of investigation meeting not specified - Applicant granted legal aid - Respondent sought contribution to costs - Legal Services Act 2000…
Result:: Costs to lie where they fall

M Urlich [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Applicant employed in motel which respondent purchased – Applicant claimed was told would be offered position with respondent – Respondent argued not obligated to offer applicant employment…
Result:: Application granted ; Reimbursement of lost wages (4 weeks) ; Compensation for humiliation etc ($4,000) ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Application for removal to Employment Court (“EC”) - Applicant sought removal under s178(2)(a), (b), and (d) Employment Relations Act 2000 (“ERA”) - Respondent claimed only ground…
Result:: Application granted ; Matter removed to Court ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed sexually harassed by managing director (“G”), supervisor, and co-worker (“X”) - Claimed yelled at by G and behaviour amounted to bullying -…
Result:: Application dismissed ; Disbursements in favour of applicant ($70)(Filing fee)

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL – Applicant claimed dismissed without notice – Respondent argued insufficient funds to continue applicant’s employment - Applicant approached by respondent asking applicant to return office keys – Applicant…
Result:: Application granted ; Compensation for humiliation etc ($7,000) ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE – Applicant sought determination on quantum of lost wages award – Applicant claimed $16,250 lost wages award appropriate as mitigated loss by seeking new employment – Claimed…
Result:: Quantum determined in applicant’s favour ; Reimbursement of lost wages ($16,250)

J Crichton [Employment Relations Authority - Christchurch]

Summary:: BREACH OF CONTRACT – GOOD FAITH – No appearance for respondent - Applicant claimed respondent breached employment agreement (“EA”) by soliciting applicant’s clients, denigrated applicant to third parties, and set…
Result:: Applications granted (Breach of contract)(Breach of good faith) ; Application dismissed (Penalty) ; Compensation ($2,445.23)(Lost company time) ; Damages ($2,000)(Lost revenue) ($6,000)(Lost future profits) ; Costs in favour of applicant ($2,750)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant dismissed following discovery of voice message left by co-worker on applicant’s work cellphone requesting drugs – General manager (“T”) put allegation directly to…
Result:: Application granted (dismissal) ; Application dismissed (penalty) ; Reimbursement of lost wages (3 months) ; Compensation for humiliation etc ($6,000) ; Costs reserved