Determinations database

R Arthur [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Redundancy - Respondents submitted applicants employment ended through expiry of fixed term and not by redundancy - Alternatively argued genuine redundancy - Authority found…
Result:: Application granted ; Reimbursement of lost wages ($20,232.77)(6 months) ; Loss of benefit ($7,500) ; Arrears of holiday pay ($4,410) ; Compensation for humiliation etc ($8,000) ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Applicant received sports injury - Return to work delayed as injury took longer to heal than anticipated - Applicant attempted to contact respondent on cell phone about…
Result:: Application granted ; Reimbursement of lost wages ($7,411.69) ; Compensation for humiliation etc (Unjustified dismissal)($5,000 reduced to $4,500) ; (Unjustified disadvantage - communication)($4,000 reduced to $3,600) ; (Unjustified disadvantage - ACC)($2,000) Arrears of holiday pay (Quantum to be determined) ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: COMPLIANCE ORDER - Compliance with demand notice sought - No objection to demand notice - No appearance for respondent - Authority satisfied demand notice properly served on respondent - Respondent…
Result:: Compliance ordered ; Disbursements in favour of applicant ($70)(Filing fee)

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - No appearance for respondent - Earlier determination found applicant an employee - Parties did not use mediation - Applicant's evidence unchallenged and accepted - Applicant claimed respondent's…
Result:: Application granted ; Arrears of holiday pay ($1,033.68) ; Reimbursement of lost wages ($20,880)(16 weeks) ; Compensation for humiliation etc ($8,000) ; Interest (8%)(On lost wages and holiday pay) ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Applicant resigned from full time position but agreed to stay on part-time to train replacement - New employment agreement set out temporary nature of training role -…
Result:: Application granted ; Reimbursement of lost wages ($2,905) ; Compensation for humiliation etc ($5,000) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Applicant claimed disadvantaged in relation to performance review (PR") and performance bonus ("PB") - Applicant achieved high ratings for performance in 2002 and 2003 period - Received…
Result:: Application partially granted; Reimbursement of lost wages ($827.62)

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant worked at harbour marina - Dismissed for accepting boat cradles as gifts, and having them dismantled and transported from marina…
Result:: Application dismissed ; Orders accordingly ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Applicant claimed did not resign but dismissed - Manager declined to accede to customer requirements as presented by applicant - Argument ensued - Authority accepted applicant angry…
Result:: Application granted

V Campbell [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct - Applicant CEO of respondent – Motion of no-confidence in applicant carried – Subsequently dismissed for failing to inform respondent of IRD statutory demand and…
Result:: Application granted ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Three day investigation meeting - Second respondent's actual costs were $10,000 and sought contribution to costs of $7,500 - Argued applicant's conduct unreasonably and…
Result:: Costs in favour of second respondent ($4,500)