Determinations database

G J Wood [Employment Relations Authority - Wellington]

Summary:: COSTS - No investigation meeting - Applicant withdrew claim same day investigation meeting set down - Respondent sought contribution to legal costs including mediation attendance and conference calls - Parties…
Result:: No order for costs

J Crichton [Employment Relations Authority - Wellington]

Summary:: ARREARS OF WAGES - Applicants alleged owed arrears under profit share clause - Also claimed respondent had not acted in good faith to enable calculation of entitlement - No profit…
Result:: Application granted ; Arrears of wages (quantum to be determined) ; Interest (7%) ; Damages ($3,000)(each applicant) ; Penalty ($8,000)(payable to each applicant) ; Costs as ordered ; Counterclaim dismissed

G J Wood [Employment Relations Authority - Wellington]

Summary:: RAISING PERSONAL GRIEVANCE - Application to raise personal grievances out of time - Dispute whether applicant failed to raise unjustified disadvantage grievance within time - No dispute applicant failed to…
Result:: Application granted (unjustified dismissal grievance) ; Application dismissed (unjustified disadvantage grievance) ; Parties directed to mediation ; Costs in favour of respondent ($1,200)

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: COSTS - Unsuccessful personal grievance - 2 day investigation meeting - Respondent argued case outside run of the mill as counsel for applicant sought an adjournment prior to submissions being…
Result:: Costs in favour of respondent ($4,825)

J Crichton [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - UNJUSTIFIED DISADVANTAGE - Under previous employer applicant required to fill-in in another part of business - Expected to return to normal duties but instead directed to…
Result:: Application dismissed ; Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - 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

V Campbell [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Identity of employer - Respondent submitted applicant engaged as contractor by third party - Written agreement between applicant and third party - Third party paid wages…
Result:: Application dismissed ; Costs reserved

R Arthur [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Misconduct - Applicant dismissed after respondent concluded she smoked marijuana with passenger while on duty - Dismissal for serious misconduct not precluded by lack of express reference…
Result:: Application granted (disadvantage) ; Application dismissed (dismissal) ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - No attendance by respondent - No written employment agreement - Applicant not paid for two days absent from work due to work related…
Result:: Application granted ; Reimbursement of lost wages ($2,885.41)(Three months less earnings) ; Compensation for humiliation etc ($3,000) ; Arrears of wages ($198) ; Arrears of holiday pay ($1,411.08) ; Penalty ($1,000)(Payable to Crown) ; Costs ($1,000) ; Disbursements ($319.20)

J Crichton [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES - Applicant alleged owed for work done and unauthorised deductions - Work done after applicant ceased employment - No arrears owing - Deductions improper as no authorisation,…
Result:: Application dismissed (Arrears) ; Counterclaim granted (Recovery of monies) ; Recovery of monies ($1,616.02) ; Penalty against applicant ($1,000)(payable to respondent) ; Costs to lie where they fall