Determinations database

D King [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Applicants’ representative asked to adjourn proceedings because applicants could not attend investigation meeting and could not guarantee attendance at later time – Authority found applicants failed…
Result:: Application dismissed ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Applicant used funds from TAB and gaming machine floats to cover bar expenses – Audit of gaming machines discovered money not properly accounted for – Applicant advised…
Result:: Applications granted ; Arrears of wages and holiday pay ($8,098.93) ; Reimbursement of lost wages ($1,928.66) ; Compensation for humiliation etc ($5,000) ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Redundancy – Authority found redundancy genuine – Applicant subject to collective employment agreement (“CEA”) – Union concurred with respondent in making variation to particular criteria in redundancy…
Result:: Application dismissed ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY – Applicant claimed employment terminated because respondent stopped paying wages and removed from roles as director and shareholder – No claim of constructive dismissal…
Result:: Application dismissed ; No order for costs

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance claim - Less than half a day investigation meeting - Respondent sought contribution to costs - Respondent made Calderbank offer - Applicant claimed had incurred…
Result:: Costs in favour of respondent ($3,500)

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent claimed incurred costs in excess of $17,000 - Found unable to assess reasonableness of respondent’s costs although noted…
Result:: Costs in favour of respondent ($2,500)

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought contribution to total costs of $33,670 plus disbursements - Found considerable preparation required given nature of applicant’s…
Result:: Costs in favour of respondent ($12,000) ; Disbursements in favour of respondent ($227)

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance claim - Two day investigation meeting - No costs submissions received from applicant - Respondent sought full solicitor client costs of $13,927 plus GST plus…
Result:: Costs in favour of respondent ($10,000) ; Disbursements in favour of respondent ($325)

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Applicant sought compliance with employment agreement (“EA”) - Applicant claimed respondent owed duty not to convert, steal or interfere with respondent’s right to possession of property in…
Result:: Compliance ordered ; Orders made ; Application dismissed (Compliance order on certain items) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS - Supplementary costs decision - Applicant Labour Inspector filed Statement of Problem seeking arrears of holiday pay for two of respondent’s employees - Application withdrawn and respondent sought costs…
Result:: Costs in favour of respondent ($1,500)