Determinations database

K J Anderson [Employment Relations Authority - Auckland]

Summary:: RAISING PERSONAL GRIEVANCE – Application for strike out – Applicant claimed raised unjustified disadvantage grievance within 90 day period – Respondent argued grievance not raised within time – Applicant’s employment…
Result:: Application granted (Strike out)(Unjustified disadvantage) ; Applications dismissed (Unjustified disadvantage) (Strike out)(Arrears of wages)(Breach of contract) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Misconduct – Applicant argued unjustified dismissal – Respondent claimed dismissal justified for failure to obey lawful and reasonable order – Applicant resisted training on new machine –…
Result:: Application dismissed ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: DISPUTE – Whether requirement for applicant’s position to be performed by nurse – Applicant relied on position description for requirement position be performed by nurse – Applicant argued because working…
Result:: Questions answered ; Application dismissed ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL – Redundancy – Applicant argued unjustified dismissal and redundancy compensation owed – Respondent argued redundancy procedurally fair and genuine – Respondent claimed applicant subject to old individual employment…
Result:: Application granted ; Compensation for humiliation etc ($8,000) ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed - Respondent claimed employment ended pursuant to fixed term employment agreement - Applicant signed three employment agreements (“EA”) - First EA used for…
Result:: Application granted ; Reimbursement of lost wages (15 weeks) ; Interest (5%) ; Compensation for humiliation etc ($5,000) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Applicant claimed owed one weeks pay and holiday pay on termination of employment - Respondent claimed entitled to make deductions under applicant’s employment…
Result:: Application granted ; Arrears of wages (1 week) ; Arrears of holiday pay (Quantum to be determined) ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: COSTS – Successful personal grievance – Half day investigation meeting – Applicant sought $2,500 as contribution to costs – Respondent argued unable to meet costs award due to financial difficulties…
Result:: Costs in favour of applicant ($1,600) ; Disbursements in favour of applicant ($92.25)(Filing fee)(Photocopying)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - No written employment agreement - Applicant claimed offered job for six hours per day, seven days a week for fixed term of eight weeks but dismissed after…
Result:: Application granted ; Reimbursement of lost wages ($532) ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Application to reopen investigation – Applicant sought to reopen investigation on following grounds – Authority made no decision on applicant’s employment status in earlier determination –…
Result:: Application granted ; Orders made ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Identity of employer - Applicant had written employment agreement with second respondent - Second respondent labour hire company - Second respondent placed applicant in position with…
Result:: Applications dismissed (practice and procedure, unjustified dismissal) ; Arrears of holiday pay (Quantum to be determined) ; Costs reserved