Determinations database

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Length of investigation meeting little over one day - Respondent sought costs of $11,491, being full costs incurred after Calderbank offer rejected - Applicant…
Result:: Costs in favour of respondent ($3,550)

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Applicant wanted to change to 24 hour production and place employees on rotating day and night shifts - Respondent would not agree to changes - Applicant sought declaration…
Result:: Questions answered in favour of respondent ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - COMPLIANCE ORDER - Applicant alleged disadvantaged when respondent reneged on agreement resolving earlier personal grievance - Alternatively, sought compliance with agreement - Respondent claimed no agreement reached…
Result:: Application dismissed ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Applicant's terms of employment under collective employment agreement (CEA") - CEA provided for warning procedure for less serious misconduct and dismissal without notice for serious misconduct -…
Result:: Application granted ; Compensation for humiliation, etc ($5,000 reduced to $2,500) ; Costs reserved

K Raureti [Employment Relations Authority - Auckland]

Summary:: INJUNCTION - Interim reinstatement - Applicant sent allegedly offensive email to colleague - Respondent concerned about interests of female staff if applicant reinstated - Formal complaint made against applicant -…
Result:: Application granted in part ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Applicant alleged constructive dismissal - No written employment agreement - Respondent belatedly offered written agreement - Applicant declined to…
Result:: Application dismissed (Personal grievance) ; Application granted (Arrears) ; Arrears of wages ($162) ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Quantum of remedies - Authority had reserved leave on calculation of redundancy compensation if parties could not agree on sum - Parties unable to resolve issue…
Result:: Quantum determined ; Redundancy compensation ($23,566.40) ; Interest (7%) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE – Application for removal to Employment Court – Collective employment agreement (“CEA”) had roster that covered 24/7 operation of Fire Service – Payment calculated using Total Weekly…
Result:: Application granted ; Orders accordingly ; No order for costs

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Constructive dismissal - Applicant claimed respondent attempted to alter terms of employment - Respondent submitted changes agreed to and benefited applicant - Applicant…
Result:: Application dismissed ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: ARREARS OF HOLIDAY PAY – Applicant argued calculation of holiday pay should have included bonus payments – Respondent submitted bonus expressly excluded from calculation under terms of employment agreement –…
Result:: Application granted ; Arrears of holiday pay (Quantum to be determined) ; Orders accordingly ; Disbursements in favour of applicant ($70)(Filing fee)