Determinations database

G J Wood [Employment Relations Authority - Wellington]

Summary:: INTERIM INJUNCTION – Application for interim reinstatement – Applicant dismissed for redundancy following restructure – Applicant claimed respondent breached terms of employment agreement (“EA”) – EA provided for negotiation of…
Result:: Application declined ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE – Application for facilitation under s50B, s50C(1)(b)(i) and s50C(1)(b)(ii) Employment Relations Act 2000 – Respondent opposed application – Parties negotiating collective employment agreement (“CEA”) to apply to…
Result:: Application granted ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: COMPLIANCE ORDER – Applicant sought deduction and payment of union fees under s65A ERA – Authority found union member employees’ individual employment agreements (“IEA”) did not exclude or vary effect…
Result:: Compliance ordered ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably disadvantaged as did not receive letter of written warning – Applicant given letter to advise of disciplinary meeting…
Result:: Applications granted (dismissal)(arrears of wages) ; Applications dismissed (disadvantage)(penalty) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($5,000 reduced to $3,500) ; Arrears of wages (quantum to be determined) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: INJUNCTION – Application for interim reinstatement - Short-term employment – Applicant lived and worked on farm – Shared accommodation with two co-workers and their family – Physical altercation between applicant…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: JURISDICTION – Whether New Zealand (“NZ”) or British law applied – Whether New Zealand forum non conveniens – Applicant seconded to respondent’s London branch – Applicant dismissed in London –…
Result:: Application granted ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Incapacity – Applicant dismissed following inability to carry out full time duties due to injury – Respondent claimed dismissal justified – Applicant suffered injury at work –…
Result:: Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority determined one aspect of parties’ dispute in determination AA 261A/08 – Respondent challenged determination – Respondent argued…
Result:: Application granted ; Matter removed to Employment Court ; Costs in favour of applicant ($4,500) ; Disbursements in favour of applicant ($70)(filing fee)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: COMPLIANCE ORDER – Employment problem arose regarding arrangements for applicant’s medical treatment for hearing loss/disability – Parties reached mediated settlement – Applicant claimed respondent did not honour mediated settlement and…
Result:: Application dismissed ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent alleged applicant gave away free food, breaching property and product policy – Applicant voided cost of friends’ orders – Applicant and witness gave…
Result:: Application granted ; Costs reserved