Determinations database

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - 2ï¾½ day investigation meeting - Respondent sought contribution at higher end of scale to total costs of $10,284 - Submitted holiday pay claim raised…
Result:: Costs in favour of respondent ($3,000)

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful jurisdiction case - One day investigation meeting - Respondent sought contribution to total costs of $12,376 - Applicant submitted costs should lie where they fall or any…
Result:: Costs in favour to respondent ($2,000)

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: COSTS - Partially successful personal grievance, successful cross counterclaim - Length of investigation meeting not specified - Respondent sought costs as applicant only partially successful in claim - Total costs…
Result:: Costs to lie where they fall

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Misconduct - No appearance by respondent - In statement in reply argued applicant dismissed for persistent refusal to carry out instructions - Applicant’s evidence accepted - Unaware…
Result:: Application granted ; Reimbursement of lost wages ($2,764.80) ; Compensation for humiliation etc ($10,000) ; Arrears of wages ($3,270.91) ; Holiday pay ($1,132.98) ; Costs in favour of applicant ($2,250) ; Disbursements ($70)(Filing fee)

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Misconduct - Applicant assaulted member of public outside informal work function at local tavern - Staff advised to behave well as in uniform and representing company -…
Result:: Application dismissed ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - 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

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Respondent previously found to have breached s4(1) Employment Relations Act 2000 good faith requirements by making representations to employees with intention of inducing them not to…
Result:: Orders accordingly ; No order for costs

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Applicant alleged abruptly dismissed - Reasons for dismissal unclear - Respondent claimed applicant received numerous warnings for performance and conduct - Argued applicant not dismissed but merely…
Result:: Application granted ; Reimbursement of lost wages ($6,240) ; Compensation for humiliation etc ($8,000) ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: DISPUTE - Applicant union sought access to respondent’s workplace to recruit members – Respondent not opposed to union access, however, strongly objected to access by member organisers who were employees…
Result:: Question answered in favour of applicant ; Orders accordingly ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Identity of employer - During employment with first respondent, applicant discussed setting up second respondent with directors of first respondent - Meeting notes indicated…
Result:: Application granted ; Reimbursement of lost wages ($7,288.48) ; Compensation for humiliation etc ($5,000) ; Arrears of wages and holiday pay ($4,274.68) ; Costs reserved