Determinations database

G J Wood [Employment Relations Authority - Wellington]

Summary:: ARREARS OF HOLIDAY PAY - Respondent’s director (“H”) claimed he and applicant agreed would receive salary but not holiday pay - Applicant denied claim - Authority did not accept H…
Result:: Application granted ; Arrears of wages ($5,880) ; Interest ($277.41) ; Costs in favour of applicant ($750) ; Disbursements in favour of applicant ($70)(Filing fee)

D Asher [Employment Relations Authority - Wellington]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - RECOVERY OF MONIES - No appearance for respondent - Applicant claimed owed unpaid wages, annual leave and money for item sold to respondent…
Result:: Applications granted ; Arrears of wages ($603.35) ; Arrears of holiday pay ($3,620.10) ; Recovery of monies ($1,870) ; Disbursements in favour of applicant ($70)(Filing fee) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Applicant claimed owed redundancy compensation and other entitlements under employment agreement (“EA”) - Respondent accepted liable for all but one of payments applicant sought - Respondent…
Result:: Applications granted (Arrears of holiday pay)(Arrears of wages) ; Arrears of Holiday pay ($6,146.15) ; Arrears of wages ($7,500)(Redundancy compensation)($5,000)(Pay in lieu of notice)($87.59)(Health Insurance)($400)(Petrol vouchers) ; Application dismissed (Arrears of wages – cash incentive) ; Applications dismissed (Unjustified disadvantage)(Unjustified dismissal) ; Disbursements in favour of applicant ($70)(Filing fee)

M Urlich [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Identity of employer – Authority found respondent was applicant’s employer – RAISING PERSONAL GRIEVANCE – Application to raise grievance out of time – Matter determined on…
Result:: Application declined ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Applicant required to attend medical examination prior to interview – Examination agency nurse contacted respondent as concerned about applicant’s readiness to work and advised to proceed with…
Result:: Application granted ; Reimbursement of lost wages ($10,500) ; Compensation for humiliation etc ($4,000) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: INTERIM INJUNCTION - Application for interim reinstatement - Applicant dismissed for serious misconduct following disciplinary inquiry - Authority found applicant had arguable case - Found were enough issues raised about…
Result:: Application dismissed ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: RAISING PERSONAL GRIEVANCE – Application to raise grievance out of time – Applicant did not raise grievance with principal during initial phone discussions – Found applicant contacted advocate (“A”) to…
Result:: Application dismissed ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: JURISIDICTION – Whether applicant a person intending to work – Applicant claimed although engaged as an employee, respondent later rejected assertion, constituting a dismissal – Respondent argued applicant never became…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: COSTS – Personal grievance application withdrawn prior to hearing – Respondent sought contribution to costs of $1,000 – Respondent claimed withdrawal unreasonably late causing unnecessary costs – Applicant claimed no…
Result:: Costs in favour of respondent ($200)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL – Redundancy – Applicant claimed dismissal for redundancy not genuine and unfair – All employees given notice of restructure and told individual meetings to be held – Respondent…
Result:: Application granted ; Compensation for humiliation etc ($2,000)