Determinations database

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - No appearance by respondent - Applicant presented with letter purporting to change position from part time to casual - Applicant made it clear she did not accept…
Result:: Application granted ; Reimbursement of lost wages ($4,560) ; Compensation for humiliation etc ($5,000) ; Arrears of holiday pay ($510.78)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE – Applicant had sexual relationship with 14 year old daughter of co-worker (“Z”) – Arrested and returned to work after released on bail – Respondent realised likely staff…
Result:: Application dismissed (Unjustified disadvantage) ; Application granted (Unjustified dismissal) ; Orders accordingly ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Parties disagreed on date of implementation of annual salary increments - Parties recently concluded multi employer collective agreement (MECA") although term of it began previous year - Applicant…
Result:: Question answered in favour of respondent ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: COMPLIANCE ORDER – Applicant sought compliance with mediated settlement – Respondent identified as trading name – Not a legal entity - Limited liability company existed with same name but nothing…
Result:: Application dismissed ; Orders accordingly ; Costs to lie where they fall

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant claimed respondent breached apprenticeship agreement - Director originally agreed to be assessor - Later changed mind and prevented appointment of another assessor -…
Result:: Application dismissed (Dismissal) ; Application granted (Disadvantage) ; Compensation for humiliation etc ($1,000) ; Arrears of wages and holiday pay (Quantum to be determined) ; Penalty ($1,000)(payable to Crown) ; Costs in favour of applicant ($1,500)

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE – Applicant worked at meat processing plant - Received medical clearance to return to work after surgery – Respondent’s health and safety representative concerned about applicant’s return to…
Result:: Application granted ; Reimbursement for lost wages (quantum to be determined by parties) ; Compensation for humiliation etc ($5,000) ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: DAMAGES – Respondent sought to enforce undertaking given by applicant when granted interim reinstatement on garden leave – Dismissal found to be justified - Respondent suffered loss in form of…
Result:: Application dismissed ; Costs in favour of respondent ($5,000)(including disbursements)

D Asher [Employment Relations Authority - Wellington]

Summary:: COSTS - Applicant withdrew claim after deadline for filing of witness statements - Respondent sought contribution of $7,275 to total costs of $11,022 - Respondent also sought costs associated with…
Result:: Costs in favour of respondent ($3,000)

D Asher [Employment Relations Authority - Wellington]

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

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed not advised of restructuring or proposed sale of business, and no opportunity to negotiate redundancy package - Director visited applicant at home, alleged…
Result:: Application granted ; Reimbursement of lost wages ($2,016)(4 weeks notice) ; Compensation for humiliation etc ($4,000) ; Holiday pay ($120.96) ; Interest (9%) ; Disbursements ($70)(Filing fee)