Determinations database

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE – Whether accord and satisfaction - Applicant raised personal grievance and sought interim reinstatement - Respondent submitted applicant barred from pursing claim due to full and final…
Result:: Orders accordingly ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Applicant raised grievance - Respondent claimed when it replied to applicant's discovery request it inadvertently disclosed privileged document - Sought order from Authority preventing applicant using…
Result:: Orders accordingly ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Terms of settlement to be full, final…
Result:: Consent order granted ; Orders accordingly ; No order for costs

J Crichton [Employment Relations Authority - Wellington]

Summary:: JURISDICTION – Members of first applicant union made redundant by respondent – Argued dismissals unjustified and respondent misconstrued its functions under s9(1)(a) Racing Act 2003 (“RA”) by making decision to…

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 except for one…
Result:: Consent order granted ; Orders accordingly ; No order for costs

M Urlich [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Applicant not paid at agreed rate in employment agreement - Respondent alleged parties agreed to reduce number of days applicant worked each week…
Result:: Application granted ; Arrears of wages and holiday pay (Quantum to be determined) ; Disbursements in favour of applicant ($70)(Filing fee)

D Asher [Employment Relations Authority - Wellington]

Summary:: RESTRAINT OF TRADE - Applicant sought declaration restraint of trade not part of employment agreement - Alternatively, declaration clause void and unenforceable - When applicant gave notice, respondent pointed out…
Result:: Orders accordingly ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISADVANTAGE - Applicant claimed unlawfully suspended without pay - Respondent chose to suspend applicant pending investigation into allegation he drank on duty - Suspension unjustified - Decision predetermined and…
Result:: Application granted ; Reimbursement of lost wages (9 weeks) ; Compensation for humiliation etc ($10,000) ; Arrears of wages and holiday pay (Quantum to be determined) ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought contribution of $7,687, being 70 percent of total costs of $10,749 plus disbursements - Submitted daily tariff…
Result:: Costs in favour of respondent ($2,800) ; Disbursements ($232.19)

J Scott [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE – Serious misconduct - Following an investigation, first and second applicants (“R”) and (“P”) suspended and dismissed for alleged disobedience, dishonesty, and using work time and materials for…
Result:: Application granted (First applicant) ; Compensation for humiliation etc ($2,500)(Unjustified disadvantage) ; ($10,000)(Unjustified dismissal) ; Application granted (Second applicant) ; Reimbursement of lost wages (Quantum to be determined reduced by 25%)(3 months) ; Arrears of wages and holiday pay (Quantum to be determined) ; Compensation for humiliation etc ($3,500)(Unjustified disadvantage) ; ($12,500 reduced to $9375)(Unjustified dismissal) ; Costs in favour of applicants ($10,000)