Determinations database

G J Wood [Employment Relations Authority - Wellington]

Summary:: DISPUTE - Whether parties collective employment agreement (“CEA”) allowed applicant to require employees to take meal breaks on staggered basis to improve productivity - Applicant alleged would result in significant…
Result:: Question answered in favour of respondent ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Misconduct - Applicant dismissed after outburst at editor - Applicant upset when editor incorrectly changed story - Error corrected before paper printed - Editor complained applicant’s reaction…
Result:: Application dismissed ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE - Applicant alleged lost control of duties central to employment - Applicant considered duties reallocated after parties discussed possibility of redundancy - When restructuring cancelled applicant sought to…
Result:: Application granted in part ; Reimbursement of lost wages ($21,342.99) ; Compensation for humiliation etc ($9,000) ; Disbursements ($70)(Filing fee) ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Summary dismissal - Respondent alleged applicant dismissed for dishonestly inputting data and for poor attitude - Applicant dismissed by telephone by call centre manager at managing director’s…
Result:: Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($2,220)(12 weeks) ; Compensation for humiliation etc ($3,000) ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

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

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Poor performance - Respondent denied dismissing applicant - Alleged she left worksite after being spoken to about performance - Submitted entitled to withhold holiday pay as applicant…
Result:: Application granted ; Reimbursement of lost wages ($6,566) ; Compensation for humiliation etc ($3,000) ; Arrears of wages (Quantum to be determined) ; Arrears of holiday pay ($1,279.05) ; Interest (9%) ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: CONSENT ORDER - Authority received combined notice of discontinuance and application to discharge previously granted interim injunction - Parties had attended mediation and all matters resolved - Interim orders discharged…
Result:: Consent order granted ; Orders accordingly ; No order for costs

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Applicant union site delegate - Claimed warnings issued to him because of union activities - First warning related to co-worker working overtime - Manager sought to have…
Result:: Application granted in part ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Constructive dismissal - No appearance for respondent – Applicant 14 years old when commenced first job during school holidays at respondent – During conversation store manager (“V”)…
Result:: Application granted ; Reimbursement of lost wages ($119)(2 days) ; Compensation for humiliation etc ($3,000) ; Disbursements ($70)(Filing fee)

R Arthur [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Respondent denied applicant dismissed - Claimed applicant casual employee employed for project that had been completed - Word “casual” in employment agreement did not describe true nature…
Result:: Application granted ; Reimbursement of lost wages ($2,640) ; Compensation for humiliation etc ($3,000) ; Costs reserved