Determinations database

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Misconduct - Respondent raised conduct and performance concerns with applicant - Joint disciplinary meeting with two co-workers who received similar disciplinary letters - Before meeting those co-workers…
Result:: Application granted ; Reimbursement of lost wages ($10,400 reduced to $5,200)(less earnings)(Three months) ; Compensation for humiliation etc ($10,000 reduced to $5,000) ; Costs reserved

R Arthur [Employment Relations Authority - Auckland]

Summary:: BARGAINING - GOOD FAITH - COMPLIANCE ORDER - Operation of s32(1)(e) and s34 Employment Relations Act 2000 regarding provision of information during bargaining - Parties bargaining for MECA - Respondents…
Result:: Application granted in part ; Compliance ordered ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Applicant required extended time off at short notice to visit seriously ill relative overseas - On last day at work before leave director advised applicant…
Result:: Application granted ; Compensation for humiliation etc ($6,000) ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application to reopen investigation - Authority previously declined applicant’s request to remove matters to Employment Court as considered Court did not already have related proceedings before…
Result:: Application granted ; Orders accordingly ; No order for costs

D King [Employment Relations Authority - Auckland]

Summary:: BARGAINING – Reference for facilitation – Applicant sought provision of facilitation from Authority to help parties resolve serious difficulties in concluding collective agreement (“CA”) – Respondent neither supported nor opposed…
Result:: Application granted ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought arrears on behalf of ML - Official record of employment less than length of actual employment - Respondent submitted lacked records…
Result:: Application granted ; Arrears of holiday pay ($3,021.70) ; Interest (10.64%) ; Penalty ($6,000)(payable to Crown) ; Disbursements ($70)(Filing fee)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: ARREARS OF WAGES - Applicant sought wages, holiday pay and petrol expenses - No written employment agreement - Respondent did not produce proper wage and time holiday records - Applicant…
Result:: Application granted ; Arrears of wages ($4,085.03)(nett) ; Disbursements in favour of applicant ($70)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Misconduct - Applicant given first warning requiring medical certificate for all future absences and contact with supervisor upon return as respondent concerned about use of leave -…
Result:: Application granted ; Reimbursement of lost wages ($7,156.80 reduced to $4,771.20) ; Compensation for humiliation etc ($12,000 reduced to $8,000) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISADVANTAGE - Applicant claimed respondent unjustifiably employed another worker in her position while recovering from surgery and refused to reinstate her once cleared to return to work - Applicant…
Result:: Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: BREACH OF CONTRACT - GOOD FAITH - Applicants members of respondent (“Union”) - First applicant (“W”) charged with offences against Union, and disciplinary proceedings resulted in expulsion from Union -…
Result:: Application granted ; Orders made (Mandatory injunction against respondent) ; No order for costs