Determinations database

R Arthur [Employment Relations Authority - Auckland]

Summary:: DISPUTE – Terms for reimbursement of applicant’s use of car – Applicant’s written terms of employment provided for company vehicle for business use – Car broke down and arrangements made…
Result:: Question answered in favour of applicant ; Costs to lie where they fall

V Campbell [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant sought $5,000 contribution to total costs of $5,625 plus $90 disbursements - Found matter not overly…
Result:: Costs in favour of applicant ($2,500)

V Campbell [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - One and a half day investigation meeting - Respondent sought $6,000 contribution to total costs of $9,299 - Found matter not overly complex -…
Result:: Costs in favour of respondent ($3,500)

G J Wood [Employment Relations Authority - Wellington]

Summary:: RAISING PERSONAL GRIEVANCE - Applicant sought leave to raise grievance out of time - Applicant claimed never made aware of rights as employee and expected sister to obtain legal advice…
Result:: Application dismissed ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE – No appearance for respondent – Application to reopen investigation – Previous determination found grievance brought out of time – Applicant claimed service of statement of problem…
Result:: Application granted ; Reimbursement of lost wages ($2240) ; Compensation for humiliation etc ($3,000) ; Costs in favour of applicant ($2,000)

R Arthur [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed dismissal, three warnings, and no implementation of performance improvement plan, were unjustified actions by respondent – Five reasons given for dismissal decision:…
Result:: Application dismissed ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Constructive Dismissal – No appearance for respondent – Respondent reduced applicant’s hours and hourly rate – Applicant argued did not agree to reduction in hourly rate –…
Result:: Application granted ; Arrears of wages ($599) ; Arrears of holiday pay ($2,000) ; Interest (4%) ; Reimbursement of lost wages ($6,000) ; Compensation for humiliation etc ($2,000) ; Disbursements in favour of applicant ($70)(Filing fee)

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - No appearance for respondent - Employment relationship good until respondent’s director (“H”) went overseas and H’s wife (“S”) remained on farm - S had no managerial, financial,…
Result:: Applications granted ; Reimbursement of lost wages ($5,879.54) ; Compensation for humiliation etc ($8,500) ; Arrears of holiday pay ($2,400) ; Reimbursement for blood test ($80) ; Costs in favour of applicant ($2,000) ; Disbursements in favour of applicant ($70)(Filing fee)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Identity of employer – Applicant cited director and shareholder as employer party to matter – Authority found not employer party in personal capacity – UNJUSTIFIED DISMISSAL…
Result:: Application granted ; Pay in lieu of notice (one week) ; Compensation for humiliation etc ($1,000) ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: DISPUTE – Interpretation of employment agreement – Applicant claimed respondent failed to pay all commission payments due – Applicant claimed entitled to payment of 5 percent commissions after sales budget…
Result:: Question answered in favour of respondent ; Recovery of monies ($5,498)(overpaid holiday pay)($981)(overpaid commission) ; Costs reserved