Determinations database

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Applicant Labour Inspector sought to recover outstanding wages and holiday pay on behalf of three former employees - No appearance by respondent -…
Result:: Application granted ; Arrears of wages and holiday pay ($640.82) ; Interest (9%) ; Disbursements in favour of applicant ($70)(Filing fee)

V Campbell [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed reason for redundancy that lodged application for arrears of wages in Authority - Respondent’s director (“P”) denied dismissal unjustified - P also director…
Result:: Application granted ; Compensation for humiliation etc ($3,000) ; Disbursements in favour of applicant ($70)(Filing fee)

V Campbell [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful Practice and Procedure claim - Length of investigation meeting not specified - Respondent incurred costs of $15,180 - Authority deemed costs high as matter decided on the…
Result:: Costs in favour of respondent ($3,000)

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 - Order prohibiting publication of terms of settlement
Result:: Consent order granted ; Orders accordingly ; No order for costs

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Applicant claimed unjustifiably dismissed when respondent pressured him to sign resignation letter he did not understand and then refused to later acknowledge applicant had not resigned -…
Result:: Application dismissed ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE - No appearance by respondent - Shortly after commenced employment applicant became responsible for large range of duties outside job description - Applicant argued duties increased because respondent…
Result:: Application granted ; Arrears of wages ($1,267.48) ; Reimbursement of lost wages ($5,000) ; Compensation for humiliation etc ($7,000) ; Disbursements in favour of applicant ($70)(filing fee) ; Costs in favour of applicant ($1,750)

V Campbell [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Applicant sought compliance with mediated settlement agreement - Authority satisfied respondent had not complied with settlement - Compliance ordered - Respondent warned of consequences of failure to…
Result:: Compliance ordered ; Disbursements in favour of applicant ($70)(Filing fee)

A Dumbleton [Employment Relations Authority - Wellington]

Summary:: DISPUTE – Applicant sought declaration night boners on three night boning (“3NB”) shift redundant under collective employment agreement (“CEA”) one and a half years prior – Flood caused early closure…
Result:: Questions answered ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – ARREARS OF WAGES - RECOVERY OF MONIES – Applicant claimed unjustifiably dismissed, received no wages, and sought reimbursement of expenses for alleged overseas business travel in China…
Result:: Applications granted (dismissal)(arrears of wages) ; Application dismissed (recovery of monies) ; Arrears of wages ($560)(one week) ; Compensation for humiliation etc ($1,500) ; Disbursements in favour of applicant ($70)(filing fee)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: JURISDICTION - Whether employee or independent contractor - Applicant Italian national and Swiss-qualified architect not qualified to practice in New Zealand (”NZ”) - Respondent claimed relationship contract for services and…
Result:: Application granted ; Arrears of wages($59,610.17) ; Interest (9%) ; Counterclaim dismissed ; Costs in favour of applicant ($1,500) ; Disbursements in favour of applicant ($70)(Filing fee)