Determinations database

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL – Seasonal fixed term employment – Respondent argued applicant dismissed for serious misconduct in reliance on several earlier warnings – Argued raised concerns about applicant’s work performance because…
Result:: Application granted ; Reimbursement of lost wages ($1,283.00) ; Compensation for humiliation etc ($6,000 reduced to $3,000) ; Penalty ($1500 payable to applicant) ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: INJUNCTION – Application for interim reinstatement – Applicant’s position redundant – Applicant subsequently applied for restructured role but was unsuccessful – Respondent claimed applicant did not have arguable case as…
Result:: Application dismissed ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Applicant resigned and returned to work following sick leave to find position filled – Respondent relied on mistake on medical certificate stating applicant not fit for work…
Result:: Application granted (unjustified disadvantage)(arrears of holiday pay) ; Application dismissed (unjustified dismissal) ; Arrears of holiday pay ($966) ; Compensation for humiliation etc ($3,000) ; Penalty ($100) ; Costs in favour of applicant ($3,000)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY – Applicant alleged owed unpaid salary and holiday pay – Respondent accepted owed applicant unpaid salary and holiday pay – Respondent sought to comment…
Result:: Application granted ; Arrears of wages and holiday pay ($144,248.82) ; Interest (4.8%) ; Disbursements in favour of applicant ($70)(filing fee)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER – Applicant Labour Inspector sought compliance with Authority determination – No appearance for respondent – Found respondent had not complied with Authority determination – Respondent applied for stay…
Result:: Compliance ordered ; Disbursements in favour of applicant ($70)(filing fee)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: DISPUTE – PRACTICE AND PROCEDURE – Interpretation of collective employment agreement (“CEA”) – Whether employees covered by CEA who currently work 36 hours should be working 34 hours if no…
Result:: Questions answered in favour of respondent ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE – Referral of question of law to Employment Court (“EC”) – Applicant sought to recover overpayments of wages made to respondents following refusal or failure to repay…
Result:: Orders accordingly ; No order for costs

P R Stapp [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Parties left to try and settle costs - Respondent advised Authority matter settled - Advice confirmed by applicant - Authority found matter withdrawn once payment received
Result:: Orders made

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed redundancy not genuine and process adopted by respondent unfair – Respondent argued applicant’s position genuinely redundant and process carried out in procedurally fair…
Result:: Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: COSTS – Unsuccessful personal grievance – Less than 1 day investigation meeting – Applicant legally aided – Found Legal Services Act 2000 (“LSA”) required that no order for costs be…
Result:: Costs to lie where they fall