Determinations database

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Applicant had two roles with respondent (SHL") - Second role on premises controlled by another company ("CCT") - Employment consolidated with SHL - Applicant took…
Result:: Application granted (Unjustified dismissal) ; Application dismissed (Arrears of wages) Reimbursement of lost wages ($4,888) ; Compensation for humiliation etc ($10,000) ; Arrears of holiday pay ($1,244.48) ; Costs in favour of applicant ($2,541.50) ; Disbursements (Filing fee)($70)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: JURISDICTION - Whether employee or independent contractor - Applicant worked for respondent's previous owner, but not as employee - In September 2001 business sold - Applicant agreed to work full…
Result:: Question answered in favour of applicant ; Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: INJUNCTION – Application for interim reinstatement - Applicant 64 years old and alleged inability to secure alternative employment meant would need to sell house if not reinstated - Balance of…
Result:: Application dismissed ; Parties directed to mediation ; Orders accordingly ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: JURISDICTION - Whether employee or independent contractor - Position advertisement sought contractor and subsequent information provided to applicant stated would own business and be self employed - Applicant initially saw…
Result:: Application dismissed ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Alleged actual or constructive dismissal - Applicant injured back at work - Matter referred to ACC - Medical certificate stated applicant not fit for heavy lifting -…
Result:: Application dismissed ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Constructive dismissal - Alleged respondent failed to act when bullied and harassed by co-worker - Applicant never formally complained about co-worker, despite being asked…
Result:: Application dismissed ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Applicant sought compliance with determination of Authority - No appearance by respondent - Authority satisfied respondent had not complied with determination - Compliance ordered - Respondent warned…
Result:: Compliance ordered ; Disbursements in favour of applicant ($70)(Filing fee)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 days - Time ran from date applicant formed belief dismissed, not last day of work - After dismissal applicant approached lawyer,…
Result:: Application granted ; Parties directed to mediation ; Costs reserved

R Arthur [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Two day investigation meeting - Respondent sought contribution of $10,800 to total costs of $27,473 plus disbursements - Applicants submitted award of up to…
Result:: Costs in favour of respondent ($4,000) ; Disbursements ($348.08)

R Arthur [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Applicant Labour Inspector sought arrears of wages on behalf of W - No appearance by respondent - Respondent previously accepted owed applicant…
Result:: Application granted ; Arrears of wages ($584.25) ; Arrears of holiday pay ($665.91) ; Interest (8.64%) ; Penalty ($800)(Payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee)