Determinations database

P R Stapp [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 - Settlement resolved employment relationship problem in regard…
Result:: Consent order granted ; Orders accordingly ; No order for costs

J Scott [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY – Applicant initially treated as casual employee and not paid on public holidays – Parties subsequently entered into written employment agreement – Received pay…
Result:: Application granted ; Arrears of wages and holiday pay ($3,738.80) ; Interest (10%) ; Disbursements ($70)(Filing fee)

L Robinson [Employment Relations Authority - Auckland]

Summary:: COSTS - Applicant not employed by respondent - Less than one day investigation meeting - Respondent sought contribution of $1,500 to total costs of $4,565 - Applicant resisted application for…
Result:: Costs in favour of respondent ($1,000)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Applicant employed by pilates studio while his wife ran a gym -Respondent dismissed applicant when concluded he was involved in gym and in breach of terms of…
Result:: Application granted ; Compensation for humiliation etc ($5,000) ; Counterclaims dismissed ; Costs reserved

R Arthur [Employment Relations Authority - Auckland]

Summary:: RESTRAINT OF TRADE - Applicant alleged first respondent breached restraint of trade by providing hairdressing services to its former clients at second respondent, 50 metres away - First respondent prohibited…
Result:: Application granted ; Damages ($3,012) ; Interest (10.76%) ; Counterclaim dismissed ; Costs in favour of applicant ($1,500)

M Urlich [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Supplementary determination - Quantum of remedies - Whether applicant overpaid during employment - Authority previously upheld applicant’s claim for bonus to be included in calculation of…
Result:: Orders accordingly ; Disbursements in favour of applicant ($70)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: COSTS - Unsuccessful breach of confidentiality and good faith claims - Less than one day investigation meeting - Respondent sought 80 percent of actual and reasonable costs - Actual costs…
Result:: Costs in favour of respondent ($2,112) ; Disbursements ($25)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSED - No appearance by respondent - Applicant criticised after used telephone at work - Later suspended and respondent indicated it did not want her back at work -…
Result:: Application granted ; Reimbursement of lost wages ($1,460.85) ; Compensation for humiliation etc ($10,000) ; Arrears of holiday pay ($2,153.99) ; Interest (10%) ; Costs in favour of applicant ($750)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: RESTRAINT OF TRADE - Applicant sought interim injunction to enforce restraint of trade - Respondent remained 49% shareholder of applicant - Restraint of trade provision prohibited involvement with competitor within…
Result:: Application granted ; Orders accordingly ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: PARENTAL LEAVE – Matter heard on papers - Earlier determination found applicant unreasonably directed to take parental leave early and consultation meeting too late because parental leave had commenced –…
Result:: Application dismissed