Determinations database

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Identity of employer – Triangular employment – First respondent registered in Australia - Second respondent registered in New Zealand (“NZ”) and wholly owned subsidiary of first…
Result:: Orders made ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: COSTS - Successful personal grievance but no remedies awarded - Less than one day investigation meeting - Costs of applicant's case incurred by union - Sought contribution to costs of…
Result:: Costs in favour of applicant ($1,500) ; Reimbursement of lost wages ($337.60) ; Disbursements ($70)(Filing fee)

J Crichton [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Objection by applicant employer to demand notice issued by Labour Inspector - Demand notice properly served and respondent met all obligations under statute - Demand notice…
Result:: Application dismissed ; Arrears of holiday pay ($2,725.80) ; Costs to lie where they fall

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Applicant initially raised matters outside Authority’s jurisdiction – Actual claims identified during investigation meeting – Applicant also claimed respondent breached Protected Disclosures Act 2000 as dismissal amounted…
Result:: Application dismissed ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant summarily dismissed following investigation into five alleged instances of misconduct - Respondent advised applicant five allegations of serious misconduct being made against her…
Result:: Application granted ; Reimbursement of lost wages (7 months) ; Compensation for humiliation etc ($10,000) ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Work related stress – Applicant claimed respondent failed to offer support when overworked and under resourced – Period October to December 2005 – Respondent on notice funding…
Result:: Application granted ; Reimbursement of lost wages (4 months) ; Compensation for humiliation etc ($15,000) ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) - Applicant claimed unjustifiably suspended – Sought urgent removal to EC on ground that important question of law central…
Result:: Application dismissed ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: INJUNCTION – Application for interim reinstatement – Prior to hang gliding accident applicant employed by respondent in managerial position – After accident applicant returned to work in part-time capacity and…
Result:: Application granted ; Costs reserved ; Interim reinstatement ordered

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance, successful arrears claim - ï¾½ day investigation meeting - Applicant sought modest costs award or for costs to lie where they fall - Respondent…
Result:: Costs in favour of applicant ($500)

J Wilson [Employment Relations Authority - Auckland]

Summary:: PENALTY - Applicant alleged first respondent breached terms of confidential settlement agreement, by publishing terms of settlement agreement on a website - Applicant also alleged second respondent knowingly aided first…
Result:: Application granted ; Penalty ($3000)(Payable to Crown) ; Application dismissed (Penalty) ; Costs in favour of applicant ($500)