Determinations database

P R Stapp [Employment Relations Authority - Wellington]

Summary:: COSTS – Partially successful personal grievance claim – One day investigation meeting – Applicant sought $3,645 as reasonable contribution to costs – Respondent argued costs award should be modest as…
Result:: Costs in favour of applicant ($3,000) ; Disbursements in favour of applicant ($70)(Filing fee)

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed following altercation with respondent – Respondent argued applicant resigned and declined opportunities to withdraw resignation – Meeting held to discuss employment agreement (“EA”)…
Result:: Application dismissed ; Counterclaim (dismissed) ; Costs to lie where they fall

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: COSTS – Successful personal grievance – Length of investigation meeting not specified - Respondent sought contribution to costs following rejection of reasonable settlement offers – Applicant declined offers as wanted…
Result:: Costs in favour of applicant ($2,500) ; Disbursements in favour of applicant ($285)

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed, unfairly suspended, and unfairly disadvantaged – Respondent informed applicant had taken diazepam (Valium) tablet prescribed for resident…
Result:: Application dismissed ; Costs reserved

R Arthur [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER – Applicant sought compliance with settlement agreement – Respondent argued agreement not breached and application unnecessary – Settlement agreement provided respondent disclose to applicant wages and time records…
Result:: Application dismissed ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Application for stay of proceedings – Applicant withdrew personal grievance instead pursuing High Court (“Court”) claim “for reinstatement of shareholdings and directorships” – Applicant sought stay…
Result:: Application dismissed ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Application for stay of proceedings – Authority part way through investigating applicant’s personal grievance and respondent’s counterclaim – Applicant withdrew personal grievance and sought stay of…
Result:: Application dismissed ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: DISPUTE – Whether concurrent holding of two elected positions by one person breached union rules – Respondent union’s national secretary (“R”) ran against applicant for position of regional secretary in…
Result:: Question answered in favour of respondent ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: COSTS – Unsuccessful personal grievance – 2 day investigation meeting – Respondent sought contribution to total costs of $15,949 plus $2,392 disbursements – Respondent noted their success and Calderbank offer…
Result:: Costs in favour of respondent ($8,000)

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIABLE DISADVANTAGE – Applicant claimed respondent’s failure to pay wages on time caused disadvantage – Respondent argued no disadvantage because delay minimal - Applicant’s wage cheques were dishonoured for insufficient…
Result:: Applications dismissed ; Costs to lie where they fall