Determinations database

J Crichton [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE – Identity of respondent – Respondent denied applicant employed in personal capacity and argued at all times applicant employed by respondent’s company now in liquidation – Respondent…
Result:: Application dismissed (Dismissal) ; Recovery of monies (Value of three chassis pots) ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent initiated disciplinary proceedings against applicant regarding five allegations of dishonest conduct – Respondent alleged applicant stole money during transactions, gave away free drinks,…
Result:: Application granted (dismissal) ; Reimbursement of lost wages ($8,500 after 15% reduction for contributory conduct) ; Compensation for humiliation etc ($5,950 after 15% reduction for contributory conduct) ; Costs reserved

R Arthur [Employment Relations Authority - Auckland]

Summary:: RECOVERY OF MONIES – Applicant sought reimbursement for overpayment of wages and outstanding staff account – Respondent accepted was overpaid wages and owed money on staff account – Authority found…
Result:: Application granted (recovery of monies) ; Overpayment of wages ($1,058.16) ; Staff account ($38.43) ; Costs in favour of applicant ($500) ; Disbursements in favour of applicant ($70)(filing fee)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Poor performance – Respondent concerned applicant without authorisation, ordered unnecessary repairs which cut across respondent’s procedures and lines of authority – Respondent’s manager (“E”) informally instructed applicant…
Result:: Application dismissed ; Costs reserved

L Robinson [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant applied hot adhesive to carton which co-worker (“S”) lifted and subsequently sustained injury to hand – Co-worker gave evidence that saw applicant apply…
Result:: Application granted (Dismissal) ; No award of remedies ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - Less than half day investigation meeting - Applicant sought full costs of $8,000 due to 'belligerent' approach of respondent in the resolution of matter…
Result:: Costs in favour of applicant ($3,500)

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: DISPUTE – Applicant argued Inland Revenue Department sought payment of unpaid Pay As You Earn (“PAYE”) due to respondent’s failure to deduct correct amount of PAYE from wages – Applicant…
Result:: Questions answered in favour of respondent ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 day period - Applicant dismissed following complaints passed for certification vehicles should not have passed, in breach of Land Transport rules…
Result:: Application dismissed ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

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

G J Wood [Employment Relations Authority - Wellington]

Summary:: DISPUTE – Parties agreed on statement of facts prior to Authority investigation – Applicant disputed respondent’s right to modify stock movers duties without employee’s agreement – Applicant did not agree…
Result:: Orders in favour of applicant ; Costs reserved