Determinations database

V Campbell [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant offered promotion to salesperson - Alleged accepted on basis could return to “old job” - Respondent agreed could return to yard but claimed…
Result:: Application dismissed ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful compliance application - Length of investigation meeting not specified - Nothing in case to derogate from principle costs follow event - Respondent sought contribution to costs of…
Result:: Costs in favour of respondent ($1,500)

A Dumbleton [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Applicant dismissed as respondent considered his relationship with manager irrevocably broken down and lacked trust and confidence - Applicant had lodged disadvantage grievances with Authority but not…
Result:: Application granted (Discrimination and dismissal) ; Reinstatement ordered ; Compensation for humiliation etc ($10,000)(Dismissal) ; ($4,000)(Discrimination) ; Application dismissed(Disadvantage) ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Respondent sought non-publication order in relation to identity - Previous employees threatened his family and business - Real risk publicity would impact on director’s family -…
Result:: Application granted (Disadvantage) ; Reimbursement of lost wages ($410)(1 week) ; Compensation for humiliation etc ($3,000) ; Application dismissed (Dismissal ) ; Orders accordingly ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: JURISDICTION - Whether employee or director/shareholder - Applicant alleged owed arrears of wages and holiday pay - Respondent contended applicant director/shareholder who received drawings as and when it could afford…
Result:: Application dismissed ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful dispute - Less than one day investigation meeting - Respondent incurred costs of $2,867 plus disbursements and sought contribution to those costs - Costs considered reasonable in…
Result:: Costs in favour of applicant ($1,000)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: COSTS - Successful dispute in favour of applicant - Half day investigation meeting - Applicant sought contribution of $3,200 to total costs of $4,700 - Respondent submitted no costs should…
Result:: Costs in favour of applicant ($2,633); Disbursements ($33.75); ($70) Filing fee

M Urlich [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Applicants not paid at end of employment - No appearance by respondent - Four applicants also not in attendance at investigation meeting - No reasons for…
Result:: Application granted ; Arrears of wages ($1,841.73)(CW) ; ($1,220.14)(JN) ; ($999.72)(YS) ; ($768.60)(IY) ; ($724.17)(WW) ; ($627.40)(IA) ; ($536.96)(CN) ; ($513.03)(EW) ; ($447.29)(PQ) ; ($210.80)(CY) ; Disbursements in favour of applicants ($70)(Filing fee)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Misconduct - Applicant dismissed for returning to workplace in breach of instruction not to - Incident involving staff applicant responsible for taking beer from…
Result:: Application granted ; Reimbursement of lost wages (Quantum to be determined) ; Compensation for humiliation etc ($2,000)(Disadvantage) ; ($3,000) (Dismissal) ; Reinstatement ordered ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Application for removal to Employment Court – Interpretation and application of s69OK Employment Relations Act 2000 – Applicant claimed respondent failed to accept her choice to…
Result:: Application granted ; Matter removed to Court ; Costs reserved