Determinations database

J Scott [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Applicants claimed respondent breached duty of good faith by changing National Terms of Service (“NTS”) after ratification by including Health Promotion Officers (“HPO”) without three year…
Result:: Orders accordingly ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: RAISING PERSONAL GRIEVANCE – Applicant filed statement of problem seeking resolution of four year old complaint – Respondent argued filed outside 3 year time limit – Authority concluded correspondence indicated…
Result:: Application dismissed ; No order for costs

J Scott [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Constructive dismissal – Good faith – Applicant ran Parentline for 25 years before it became charitable trust and respondent formed – Applicant member of oversight group (“TRTK”)…
Result:: Application granted ; Counterclaim granted ; Recovery of monies (Quantum to be determined) ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought unpaid salary and associated expenses - Respondent admitted money owed but unable to pay due to cash flow issues - Arrears…
Result:: Application granted ; Arrears of wages and holiday pay ($17,386.92) ; Expenses ($331.19) (Telecom costs) ($698.08) (Credit card reimbursement) ; Disbursements ($70) (Filing Fee); Costs to lie where they fall

V Campbell [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Owner of respondent had physical altercation with applicant’s partner (“W”) – Respondent claimed punched by W – Applicant claimed when arrived at work W had bruises and…
Result:: Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Reimbursement of lost wages ($1,056) ; Compensation for humiliation etc ($1,500)

R Arthur [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought wages and holiday pay owing when employment with first respondent ended - No appearance by respondents - Second respondent director of…
Result:: Application granted ; Arrears of wages and holiday pay ($9,793.93) ; Interest (10.75%) ; Disbursements in favour of applicant ($70)(Filing fee)

R Arthur [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Applicant alleged disadvantaged by way bullying complaint about him dealt with - Manager found insufficient evidence to warrant further inquiry but, after interviewing number of staff, decided…
Result:: Application granted in part ; Costs reserved

J Crichton [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISADVANTAGE – PARENTAL LEAVE - Alleged unjustifiably disadvantaged when respondent failed to consult her about restructuring, failed to provide her with sufficient work, failed to declare her position redundant,…
Result:: Application granted in part ; Compensation for humiliation $7,500 ; Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Discovery - Applicant sought discovery of information regarding redundancy payments made to former employees - Claimed would confirm respondent's practice of paying compensation regardless of contractual…
Result:: Application granted ; Orders accordingly ; Costs reserved

R Arthur [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Applicant sought compliance with record of settlement - Parties agreed respondent would pay sum to applicant by instalments - If instalment missed, full balance of agreed sum…
Result:: Compliance ordered ; Costs in favour of applicant ($750) ; Disbursements ($70)(Filing fee)