Determinations database

D Asher [Employment Relations Authority - Wellington]

Summary:: COSTS - Withdrawn personal grievance - Respondents sought contribution of $7,000 to total costs of $9,313 - Argued applicant raised employment relationship problem in bad faith and costs increased by…
Result:: Costs in favour of respondents ($7,000)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Poor performance - Applicant given final warning for performance and failure to take responsibility for actions - Performance issues continued and two weeks later dismissed for failure…
Result:: Application granted ; Reimbursement of lost wages ($2,500) ; Compensation for humiliation etc ($3,500) ; Counterclaim granted ; Penalty ($1,750)(Payable by applicant to Crown) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISADVANTAGE - Applicant alleged respondent breached good faith and failed to consult him when removed his authority to hire casual staff - Operations Manager appointed to improve service delivery…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: RECOVERY OF MONIES - Applicant sought to be paid outstanding monies by respondent , which he claimed jointly employed him with third party - Third party had accepted liability to…
Result:: Application granted ; Orders accordingly ; Costs in favour of applicant ($2,000)

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Application for removal to Employment Court - Opposed by respondent - As result of evidence lodged by respondent’s witnesses, applicant added five causes of action to…
Result:: Application granted ; Matter removed to Court ; Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: DISPUTE - Multi Employer Collective Agreement (MECA) provided for wage increase on 1 April 2006 equivalent to greater of consumer price index (CPI) or rate in MECA - However, MECA…
Result:: Question answered in favour of respondent ; Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Abandonment - Applicant alleged dismissed after raised safety concerns with respondent - Claimed raised number of concerns but no action taken - Factory shut…
Result:: Application dismissed ; No order for costs

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Parties disagreed about scope of settlement agreement - Respondent submitted Authority could not hear matter at present as no statement of problem or reply raising problem…
Result:: Orders accordingly ; No order for costs

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: INJUNCTION - Application for interim reinstatement - Applicant declined to attend disciplinary meeting to discuss performance and conduct - Respondent concluded summary dismissal warranted - Issue of predetermination raised -…
Result:: Application dismissed ; Costs reserved

P Cheyne [Employment Relations Authority - Wellington]

Summary:: BARGAINING – GOOD FAITH – PENALTY - Parties bargaining for new collective employment agreement – Union issued strike notices – Respondent responded with letters advising striking employees would be suspended…
Result:: Orders accordingly ; Arrears of wages (Quantum to be determined) ; Penalty(payable to Crown) ($2,500)(Breach of good faith) ; ($4,000)(Breach ERA s97) ; Costs reserved