Determinations database

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Misconduct – Applicant took parental leave during which time position filled by temporary employee – Friction between applicant and respondent upon return to work because had not…
Result:: Application dismissed ; Costs to lie where they fall

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Applicant argued unjustified dismissal – Respondent claimed applicant abandoned employment – Altercation between parties culminated in applicant resigning – Meeting held to discuss applicant’s…
Result:: Application granted ; Reimbursement of lost wages ($1,457.64 reduced to $728.82) ; Compensation for humiliation etc ($1,000) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY – No appearance for respondent – Director and shareholder abandoned business – Authority found employment relationship ended when director and shareholder abandoned business –…
Result:: Application granted ; Arrears of holiday pay ($2,160) ; Arrears of wages ($240) ; Interest (4.8%) ; Disbursements in favour of applicant ($70)(filing fee)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Compliance sought with clause allowing release on pay of union delegates for union business in collective employment agreement (“CEA”) made between New Zealand Engineering, Printing and Manufacturing…
Result:: Application dismissed (Compliance order)(Breach of CEA) ; Application granted (Compliance order)(Failure to consult on using GPS) ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed – Respondents argued dismissal justified given applicant’s behaviour and actions leading up to dismissal – Respondent argued applicant refused to return to work…
Result:: Application granted ; Reimbursement of lost wages ($7,084.56 reduced to $1,416.91) ; Costs to lie where they fall

D Asher [Employment Relations Authority - Wellington]

Summary:: COSTS – Applicant withdrew personal grievance claim day before investigation meeting – Respondent argued applicant’s conduct unnecessarily added to costs – Applicant argued respondent chose not to mediate again and…
Result:: Costs in favour of respondent ($4,500)

D Asher [Employment Relations Authority - Wellington]

Summary:: COSTS – Successful personal grievance – ï¾½ day investigation meeting – Respondent failed to participate in substantive investigation – Respondent did not provide costs submissions – Found respondent’s non-participation caused…
Result:: Costs in favour of applicant ($3,000)

P Montgomery [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Applicant claimed unjustified dismissal as result of email sent to general manager – Applicant argued email not resignation because conditional upon reply from general manager – Respondent…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: JURISDICTION – Whether employee or independent contractor – Applicant signed tax code declaration for independent contractor – Advertisement for applicant’s position did not state contractor or employee – Hours of…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: COSTS – Unsuccessful personal grievance – One day investigation meeting – Respondent sought costs of $7,500 based on daily tariff of $3,000 for 2 ï¾½ days – 2 ï¾½ days…
Result:: Costs in favour of respondent ($5,000)