Determinations database

V Campbell [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFED DISMISSAL – Redundancy - Respondent received WINZ subsidy for applicant – Respondent reviewed farm structure as struggling with cash flow – Informed applicant of proposal and arranged meeting –…
Result:: Application dismissed ; No order for costs

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: JURISDICTION - UNJUSTIFIED DISMISSAL – Whether person intending to work – Applicant alleged offered and accepted employment – Respondent denied making offer and considered exchange about terms and conditions a…
Result:: Application dismissed ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE – Applicant withdrew constructive dismissal claim as resigned before matters complained of occurred – Applicant suffered work related injury after respondent accepted resignation – Obtained two medical certificates…
Result:: Application dismissed ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY – No appearance by respondent – Unlawful deduction from wages as no written authority – Authority calculated arrears of wages and holiday pay due…
Result:: Application granted ; Arrears of wages ($3,415.03)(nett) ; Arrears of holiday pay ($844.80)(gross) ; Penalty ($500)(Payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee)

J Crichton [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE – Discovery – Parties entered into Life Preserving Services Agreement (“LPSA”) to facilitate provision of services during strike – Applicant alleged respondent breached LPSA and duty of…
Result:: Application granted ; Orders accordingly ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Whether applicant’s consent required before respondent changed shift work rosters - Respondent’s discontent with present 6/3 rosters expressly noted in collective employment agreement (“CEA”) - Respondent subsequently proposed…
Result:: Question answered in favour of respondent ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Co-worker (“K”) alleged applicant head-butted him – Applicant claimed accidentally struck heads – Respondent investigated, and interviewed applicant, witnesses, and K – Respondent concluded…
Result:: Application dismissed (Unjustified dismissal) ; Application dismissed (Counterclaim) ; Costs reserved

J Crichton [Employment Relations Authority - Wellington]

Summary:: COMPLIANCE ORDER - DISPUTE - Applicant sought compliance with collective employment agreement (“CEA”) - Alleged incorrectly classified as medical laboratory assistant instead of medical laboratory scientist - Submitted CEA required…
Result:: Application granted in part ; Orders accordingly ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: DISPUTE - BARGAINING - Applicant’s members originally employed by first respondent at counselling centre - Centre and its employees transferred to second respondent on existing terms and conditions, including coverage…
Result:: Question answered in favour of applicant ; Orders accordingly ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Whether grievance raised within 90 days - Respondent claimed letter from applicant not sufficient to raise grievance as contained no information to enable it to respond…
Result:: Orders accordingly ; Costs reserved