Determinations database

D Asher [Employment Relations Authority - Wellington]

Summary:: COSTS - Successful practice and procedure case - Investigation meeting less than half a day - Applicant sought costs of $3,000 in respect of preliminary matters heard in 2007 from…
Result:: Costs in favour of applicant ($1,000)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISADVANTAGE - Restructuring took place involving new rosters and changes being made to positions - Issues around applicant’s employment involved mediated settlement being reached where agreed applicant would be…
Result:: Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: RAISING PERSONAL GRIEVANCE - Whether grievances raised within 90 days - Applicant had number of non-work-related and work-related injury claims with ACC - Applicant given indication possibility would be found…
Result:: Applications dismissed ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Applicant and another party agreed to party joining bargaining in…
Result:: Consent order granted ; Orders accordingly ; Costs to lie where they fall

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: DISPUTE – By joint memorandum parties requested Authority to make findings on only two issues after sought to resolve other issues themselves – Parties disputed whether term of applicant’s employment…
Result:: Orders accordingly ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: COSTS - Partially successful personal grievance - Three half day investigation meetings - Respondent sought indemnity costs of $5,770 as applicant unreasonably rejected offer by respondent for full sum in…
Result:: Costs to lie where they fall

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Application for removal to Employment Court - Applicant sought compliance order, arrears of wages, and penalty for breach of good faith provisions of s4(6) and s4A…
Result:: Application granted ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: INJUNCTION – Application for interim reinstatement – Applicant dismissed following investigation into misconduct – Authority found applicant had arguable case concerning fairness and reasonableness of respondent’s conclusions about nature and…
Result:: Application dismissed ; Costs reserved

J Scott [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Summary dismissal - No appearance by respondents – Applicant claimed respondent offered day manager position with specific hours at new restaurant - At staff…
Result:: Application granted ; Reimbursement of lost wages ($1,893.12) ; Wages in lieu of notice ($473.28)(Interest 9%) ; Compensation for humiliation etc ($2,500) ; Costs in favour of applicant ($1,070)

J Scott [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – No appearance by respondents – Vague oral employment agreement included provision for applicant’s accommodation – Applicant claimed after two weeks employment, asked respondent for help when encountered…
Result:: Application granted ; Reimbursement of lost wages ($3,846.15) ; Loss of benefit (accommodation)($480) ; Compensation for humiliation etc ($3,000) ; Costs reserved