Determinations database

R Arthur [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Name of respondent amended due to amalgamation and take over - Applicant given final warning after patient suffered broken leg as result of breach of lifting policy…
Result:: Application dismissed (Disadvantage) ; Application granted (Dismissal) ; Reimbursement of lost wages (14 weeks reduced to 12 weeks) ; Compensation for humiliation etc ($3,000 reduced to $2,250) ; Costs reserved

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 - Order prohibiting publication of terms of settlement
Result:: Consent order granted ; Orders accordingly ; No order for costs

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISADVANTAGE - Alleged respondent breached employment agreement, particularly requirement to offer re-employment within 12 months of redundancy - Claimed respondent filled two vacancies after termination without clarifying her suitability…
Result:: Application dismissed ; Costs reserved

R A Monaghan [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Identity of employer - Authority previously agreed to reopen investigation into whether applicants employed respondent in personal capacity or through their company (AHL") - AHL removed…
Result:: Orders accordingly ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: COSTS - Authority concluded lacked jurisdiction as applicant not employee - Investigation meeting less than one day - Respondent sought 80 percent of total costs as contribution plus travel disbursements…
Result:: Costs in favour of respondent ($2,000) ; Disbursements ($544.40)

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - Half day investigation meeting - Applicant sought contribution of $2,250 to total costs of $2,970 plus disbursements $85 - Respondent argued costs should lie…
Result:: Costs in favour of applicant ($500) ; Disbursements ($85.45)

D Asher [Employment Relations Authority - Wellington]

Summary:: INJUNCTION - Interim reinstatement - During investigation meeting respondent advised it accepted applicant should return on interim basis - Parties asked Authority to set terms of interim reinstatement - Date…
Result:: Orders accordingly ; Parties directed to mediation ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Applicant informed position disestablished and offered alternative role - Involved change to seasonal work - Applicant pressured for response even when sought more information and…
Result:: Application granted ; Reimbursement of lost wages ($10,475.30)(13 weeks) ; Compensation for humiliation etc ($12,000) ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Constructive dismissal - Applicant claimed unjustifiably dismissed and/or disadvantaged after declined to continue as casual employee when completed apprenticeship - Applicant originally employed under…
Result:: Application granted ; Reimbursement of lost wages ($8,482.15)(13 weeks) ; Compensation for humiliation etc ($7,000) ; Damages ($939.92) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed following incident with inmate - Inmate claimed applicant punched him - Applicant denied assault and asserted self-defence - Preliminary investigation draft report…
Result:: Application dismissed ; Costs reserved