Determinations database

L Robinson [Employment Relations Authority - Auckland]

Summary:: COSTS - Partially unsuccessful personal grievance - Two day investigation meeting - Respondent's actual costs were $30,903 - Sought contribution of $19,216 being principally costs incurred after Calderbank offer rejected…
Result:: Costs in favour of respondent ($5,000)

D Asher [Employment Relations Authority - Wellington]

Summary:: JURISDICITON - PRACTICE AND PROCEDURE - Whether applicant’s claim statute barred by s317 Injury Prevention, Rehabilitation and Compensation Act 2001 (IPR&C Act) - Applicant alleged exposed to tungsten and cobalt…
Result:: Application dismissed ; Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Summary dismissal – Respondent audited employees’ internet use – Resulted in applicant’s dismissal for excessive personal use – Authority found internet use policies disbursed…
Result:: Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($8,048) ; Compensation for humiliation etc ($5,000) ; Leave reserved to return to Authority ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: DISPUTE - Applicants sought determination that superannuation provision in collective employment agreement (CEA") had retrospective effect - Respondent claimed it agreed to applicants becoming eligible for superannuation benefit but eligibility…
Result:: Question answered in favour of respondent ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Misconduct - Applicant dismissed for alleged dishonesty in money matters - Respondent claimed applicant increased her hourly rate without permission - Respondent confronted applicant and required her…
Result:: Application granted ; Reimbursement of lost wages ($6,760) ; Compensation for humiliation etc ($10,000) ; Holiday pay ($663.12) ; Disbursements in favour of applicant ($70)(Filing fee)

J Scott [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE – Applicants union delegates at respondent – Respondent approved paid union leave under collective employment agreement (CEA") for applicants to attend investigation meeting of employee from different union…
Result:: Application dismissed ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Application to strike out party – Applicant brought personal grievance against both respondents – Respondents claimed first respondent employer – Applicant and first respondent parties to…
Result:: Application granted ; Orders accordingly ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: JURISDICTION – Whether employee – Respondent claimed never employed applicant – Alleged offer of employment made on behalf of proposed new joint-venture company – Respondent claimed decided not to continue…
Result:: Application dismissed ; Costs reserved

R Arthur [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Interpretation of provision regarding allowance for posties who used own vehicles get to start point or other parts of round - Bicycles used for deliveries - Vehicle user…
Result:: Question answered in favour of respondent ; Costs reserved

R Arthur [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Redundancy - Applicant claimed redundancy not genuine, not properly consulted, and not offered part-time replacement position - Undisputed that new technology greatly reduced applicant’s…
Result:: Application granted ; Compensation for humiliation etc ($1,500) ; Costs reserved