Determinations database

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: DISPUTE – Applicant paid in accordance with individual employment agreement (“IEA”) differing materially from collective employment agreement (“CEA”) covering other employees of respondent who were also members of union (“M”)…
Result:: Application dismissed (Dispute) ; Application granted (Arrears of wages) ; Arrears of wages (Quantum to be determined) ; Interest 9% ; Recovery of monies (Travel expenses) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy – Verbal agreement for two week trial period - No written employment agreement – Respondent told applicant that applicant no longer required as not much work…
Result:: Application granted ; One month’s pay in lieu of notice ; Compensation for humiliation etc ($4,000) ; Arrears of holiday pay (Quantum to be determined)(Interest at 9.6%) ; Costs in favour of applicant ($300) ; Disbursements in favour of applicant ($70)(filing fee)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Identity of respondent - Statement of problem cited respondent and Kustom Tattoo Limited (“KT”) as respondents – Respondent and KT had same sole shareholder and director…
Result:: Applications dismissed ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: COSTS - Successful personal grievance - Less than half day investigation meeting - Applicant sought contribution of $4,000 to costs - Submission's filed by applicant outlined respondent's unreasonable and unhelpful…
Result:: Costs in favour of applicant ($4,500)

J Crichton [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE – Determination of quantum of remedies – In earlier determination, Authority found applicant unjustifiably dismissed and respondent breached s28 Holidays Act 2003 (“HA”) - Parties ordered to…
Result:: Arrears of holiday pay ($5,463.96) ; Reimbursement of notice period ($2,240 after 30% reduction for contributory conduct) ; Reimbursement of lost wages ($8,960 after 30% reduction for contributory conduct) ; Compensation for humiliation etc ($1,000 after 30% reduction for contributory conduct) ; Costs in favour of employee ($500)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Respondent argued employment mutually terminated after applicant declared lost faith in respondent – Applicant sent respondent email stating performance review late, respondent needed more leadership, employment not…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent sought costs of $2,500 from total costs of $5,500 - Applicant argued should not be liable…
Result:: No award for costs

J Scott [Employment Relations Authority - Auckland]

Summary:: ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought outstanding holiday pay on behalf of employee - Labour Inspector also sought interest on sum - No appearance for respondent -…
Result:: Application granted ; Arrears of holiday pay ($164.19) ; Interest (9%) ; Disbursements in favour of applicant ($70)(Filing fee)

M Urlich [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Applicants sought compliance with mediated settlement - No appearance for respondent - Respondent accepted had not complied but claimed not in financial position to pay - Authority…
Result:: Compliance ordered ; Costs in favour of applicant ($150)

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Less than one day investigation meeting - Respondent sought full costs of $7,750 - Claimed applicant's behaviour, should result in reimbursement of full costs…
Result:: Cost in favour of respondent ($2,000)