Determinations database

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Claimed dismissal procedurally unfair - Respondent disestablished part of business where applicant worked - Applicant called to meeting with consultant and told position disestablished -…
Result:: Application granted (Dismissal) ; Compensation for humiliation etc ($6,000) ; Application dismissed (Arrears) ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Applicant sought commission payments - Initially, no written employment agreement - Applicant concerned at provision in subsequent formal agreement that provided for reduced commission if certain…
Result:: Application granted (Arrears) ; Arrears of wages ($10,320)(Commission) ; ($2,101.60)(Reimbursement of deductions) ; Application dismissed (Dismissal) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent sought full costs of $5,242 - Applicant claimed poor financial position, however no supporting evidence provided…
Result:: Costs in favour of respondent ($3,000)

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Authority found respondent did not misled applicant or act in bad faith when hiring him - Applicant also alleged breach of duty of care as overworked and…
Result:: Application granted (Dismissal) ; Reimbursement of lost wages (Half of one month’s wages) ; Compensation for humiliation etc ($7,500) ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - 2ï¾½ day investigation meeting - Four applicants sought costs - First applicant's total costs were $10,026 plus disbursements and sought full indemnity costs …
Result:: Costs in favour of applicants' ($8,000 - First applicant), ($7,000 - each to remaining three applicants'); Disbursements ($720)

M Urlich [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance, dispute arrears claim - Three day investigation meeting - Applicant sought contribution of $9,270 to actual to costs of $11,898 - Argued costs were reasonably…
Result:: Costs in favour of applicant ($8,000); Disbursements ($270)

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE – Application for removal to Employment Court – Primary question whether applicant employee or independent contractor – Parties submitted factual matrix complex and orders relating to discovery,…
Result:: Application granted ; Matter removed to Court ; No order for costs

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Applicant sought wages for entire period of employment - Made redundant, without notice, after seven weeks due to financial restraints - Respondent previously stated would pay…
Result:: Application granted ; Arrears of wages ($2,040) ; Disbursements in favour of applicant ($70)(Filing fee)

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISADVANTAGE – Applicant given written warning for non-attendance because of genuine ill-health – Absent 23 days over 10 months due to illness – When sick leave exhausted used annual…
Result:: Application granted ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

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