Determinations database

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Constructive dismissal - First applicant (TW") dismissed and second applicant ("LM") resigned after respondent alleged involved in unauthorised possession and distribution of company product…
Result:: Application dismissed (LM) ; Application granted (TW) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicants accused of unauthorised possession and distribution of company product - Respondent conducted investigation into theft of meat - Respondent identified…
Result:: Application granted ; Reinstatement ordered (RN) ; Reimbursement of lost wages (4 months)(Quantum to be determined)(RN) ; (3 months)(Quantum to be determined)(SM) ; Compensation for humiliation etc ($8,000)(RN, SM) ; Leave reserved to return to Authority on calculation of lost wages ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: COMPLIANCE ORDER – Applicant Labour Inspector sought compliance with demand notice requiring respondent pay holiday pay to two former employees – Respondent objected to paying sums - Alleged employees owed…
Result:: Compliance ordered ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: RECOVERY OF MONIES - Overpayment of wages - No appearance by respondent - Administrative error meant respondent paid salary for two months after employment ended - Respondent had not disputed…
Result:: Application granted ; Orders accordingly ; Disbursements in favour of applicant ($70)(Filing fee)

D King [Employment Relations Authority - Auckland]

Summary:: BREACH OF CONTRACT - DISPUTE - Applicants contend respondent breached individual employment agreements (IEAs") of second and third applicants by failing to comply with requirement to accord priority for re-employment…
Result:: Application granted ; Orders accordingly ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

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

M Urlich [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant sought significant contribution to total costs of $5,139.
Result:: Costs in favour of applicant ($2,000) ; Disbursements ($70) (Filing fee)

D Asher [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

J Wilson [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Respondent restructured and applicants not reconfirmed in positions - Fair and reasonable process followed to reach decision to dismiss - Applicant's questioned selection process but…
Result:: Application dismissed (Dismissal) ; Application granted (Disadvantage) : Compensation for humiliation etc ($8,000)(FM) ; ($6,000)(MB) ; ($3,000)(MS) ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Less than one day investigation meeting - Respondent sought reasonable contribution of $2,500 to actual costs of $4,824 plus disbursements - Applicant submitted costs…
Result:: Costs in favour of respondent ($750) ; Disbursements ($20)