Determinations database

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent argued applicant dishonestly provided incorrect information on curriculum vitae (“CV”) – Applicant submitted CV online and subsequently offered employment – Respondent called applicant…
Result:: Application dismissed ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Applicant supervised by manager from Australia – Respondent telephoned applicant to discuss database updates and communication – Applicant conceded on two occasions failed to despatch respondent’s database…
Result:: Applicant granted ; Reimbursement of lost wages ($9,940.00) ; Compensation for humiliation etc ($5,000) ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Applicant claimed respondent failed to consider redeployment as alternative to dismissal – Respondent argued no vacancy to redeploy applicant – Applicant employed as Operations Manager referred to…
Result:: Application granted ; Compensation for humiliation etc ($10,000) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: DISCRIMINATION – Applicant claimed discrimination on basis of ethnicity – Authority found no evidence of discrimination - UNJUSTIFIED DISADVANTAGE – Applicant claimed differences in salary between fixed term and permanent…
Result:: Applications granted (Unjustified disadvantage – Breach of contract)(Unjustified dismissal)(Recover of monies) ; Applications dismissed (Penalty)(Unjustified disadvantage – Unreasonable salary)(Unjustified disadvantage – Unreasonable probationary period)(Discrimination) ; Compensation for humiliation etc ($3,000) ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: JURISDICTION – Whether employee or independent contractor – Applicant claimed arrears of holiday pay owed due to being an employee – Respondent claimed subsequent employment agreement (“EA”) and applicant’s tax…
Result:: Application granted ; Arrears of holiday pay ($7,972.92) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - No appearance for respondent - Applicant lodged amended statement of problem describing problem as non supply of employment records and earnings information to ACC resulting in…
Result:: Application dismissed ; No order for costs

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES – Applicant claimed unlawful deductions - Respondent claimed deductions lawful due to Employment Agreement (“EA”) and liability for damaged property – EA included supplied accommodation and authorised…
Result:: Applications granted (Arrears of wages – cleaning costs)(Arrears of wages – rent deduction)(Arrears of holiday pay); Application dismissed (Arrears of wages – carpet) ; Arrears of wages ($121.43) ; Arrears of holiday pay (quantum to be determined) ; Interest (6%) ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: PARENTAL LEAVE - Applicant returned to work for one day after commencing period of parental leave as employer short staffed - Applicant had not received standard letter stating parental leave…
Result:: Application granted ; Orders accordingly

P R Stapp [Employment Relations Authority - Wellington]

Summary:: RECOVERY OF MONIES – No appearance for respondent – Applicant claimed money owed for cleaning of supplied accommodation pursuant to employment agreement (“EA”) – EA provided for deduction of wages…
Result:: Application granted ; Reimbursement of expenses ($492.39) ; Disbursement in favour of applicant ($70)(Filing fee)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: BREACH OF CONTRACT – Applicant claimed failure to return tools breached employment agreement (“EA”) – EA provided for return of tools or deduction of wages for unreturned tools – EA…
Result:: Application dismissed