Determinations database

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Respondent sought to vary previous orders of Authority - Sought variation of Mareva injunction to enable funds to be released from local bank account for living…
Result:: Application dismissed ; Orders accordingly ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: INTERIM INJUNCTION - Reasons for determination of Authority on interim injunctions - Following a resignation Fire Service created two new roles - Mr Irvine (“I”) and Mr Luff (“L”) applied…
Result:: Applications dismissed ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: COSTS - Partially successful personal grievance - Length of investigation meeting not specified - Respondent submitted should be awarded costs as applicant did not win case advanced in statement of…
Result:: Costs to lie where they fall

R Arthur [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Applicant sought wages in lieu of notice following resignation - Respondent claimed agreed to “pay out” applicant’s notice on condition she not work for anyone else…
Result:: Application granted ; Arrears of wages ($600) ; Disbursements ($70)(Filing fee)

R Arthur [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Applicant sought compliance with mediated settlement - No appearance for respondent - Authority satisfied respondent had not complied with settlement - Compliance ordered - PENALTY - Authority…
Result:: Compliance ordered ; Penalty ($1,000)($500 payable to Crown)($500 payable to applicant) ; Costs in favour of applicant ($400) ; Disbursements in favour of applicant ($70)(Filing fee)

G J Wood [Employment Relations Authority - Wellington]

Summary:: INTERIM INJUNCTION - Applications for interim injunctions restraining appointments to two positions in Fire Service declined - Immediately filed application for short term interim injunction to permit them to urgently…
Result:: Application granted ; Orders accordingly ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Application to strike out two matters advanced by applicant as part of personal grievance claims - Respondent submitted matters already dealt with and accused applicant of…
Result:: Application granted ; Orders accordingly ; Costs reserved

R Arthur [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Applicant alleged respondent breached confidentiality term in settlement agreement - Sought to have other terms of settlement “cancelled” - More likely than not respondent breached confidentiality…
Result:: Application granted in part ; Penalty ($1,500)(Payable to applicant) ; Orders accordingly ; No order for costs

R Arthur [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant previously suffered work injury and received ACC - Further treatment required months later - Made appointment during work hours - Did not advise…
Result:: Application granted (Disadvantage ; Arrears of wages) ; Arrears of wages (Two weeks) ; Application dismissed (Dismissal) ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Respondent accepted arrears due and owing, but claimed it had no funds to pay as it had been ordered off building site and…
Result:: Application granted ; Arrears of wages ($2,412.50) ; Arrears of holiday pay ($3,414.58) ; Costs ($300) ; Disbursements ($70)(Filing fee)