Determinations database

L Robinson [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant sought contribution to costs - Applicant submitted invoice for costs totalling $5,204 which Authority found excessive…
Result:: Costs in favour of applicant ($750)

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

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought holiday pay on behalf of TC - Respondent did not dispute quantum claimed but indicated had no assets to make payment…
Result:: Application granted (Arrears) ; Arrears of holiday pay ($6,741.62) ; Interest (9%) ; Application dismissed (Penalty) ; Disbursements in favour of applicant ($70)(Filing fee)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Whether employee or independent contractor - Overwhelming evidence applicant employee - Applicant unwittingly involved in conflict between director and his wife, respondent’s other shareholder - Told to…
Result:: Application granted ; Reimbursement of lost wages ($6,679.40 reduced to $6,011.46) ; Compensation for humiliation etc ($7,000 reduced to $6,300) ; Arrears of wages ($555.24) ; Arrears of holiday pay (Quantum to be determined) ; Interest (8%) ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Applicant claimed did not receive final week's wages or holiday pay when left employment - No appearance for respondent - Respondent insolvent and…
Result:: Application granted ; Arrears of wages ($1,792.75) ; Arrears of holiday pay ($1,619.54) ; Disbursements in favour of applicant ($70)

L Robinson [Employment Relations Authority - Auckland]

Summary:: JURISDICTION - Whether employee or independent contractor - Applicant conceded engagement began as contracting relationship - Common intention applicant be contractor - Significant control and integration characteristic of employment and…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: COSTS - Unsuccessful personal grievance - Two day investigation meeting - Respondents sought contribution to total costs of $13,186 - Argued Calderbank offer made and rejected - Applicant argued only…
Result:: Cost in favour of applicant ($3,029.40)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Misconduct - Applicant took break without arranging cover for position on production line - Manager noticed gap and went looking for applicant - Parties involved in altercation…
Result:: Application granted ; Reimbursement of lost wages (3 months reduced by 40%) ; Reinstatement ordered ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: DISPUTE - Applicant sought payment of retention award under individual employment agreement - Payment conditional on satisfactory performance - Respondent concerned applicant did not meet sales targets and considered overall…
Result:: Application dismissed ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Respondent claimed applicant absent for five and a half months without properly notifying it of absence - Understood applicant had moved onto other employment and claimed he…
Result:: Application granted ; Notice period (Two weeks) ; Compensation for humiliation etc ($7,000) ; Costs reserved