Determinations database

R Arthur [Employment Relations Authority - Auckland]

Summary:: ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought arrears of holiday pay, interest, penalty and filing fee - No appearance by respondent - Applicant's unchallenged evidence accepted - Arrears…
Result:: Application granted ; Arrears of holiday pay ($784.80) ; Interest (8%) ; Penalty ($500)(Payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee)

G J Wood [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement - 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

H Doyle [Employment Relations Authority - Christchurch]

Summary:: COSTS - Successful personal grievance - Investigation meeting of one day - Applicant's costs totalled $20,592 - Sought contribution in the region of $5,000 - Respondent submitted costs should lie…
Result:: Costs in favour of applicant ($3,000)

M Urlich [Employment Relations Authority - Auckland]

Summary:: DISPUTE – Enforceability of CEA modified after ratification - CEA clause provided “Where an employee is required to work on a Public holiday, in addition to the normal salary, payment…
Result:: Question answered in favour of applicant ; Orders accordingly ; Application dismissed (Compliance order) ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: JURISDICTION - Applicant claimed became employee when became shareholder and director of respondent - Respondent argued not employee but director/shareholder who received monthly drawings - Applicant aware not in receipt…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct - Alleged that applicant had sworn at offenders, threatened an offender, and allowed that offender to stay up a ten foot fence without safety equipment…
Result:: Application granted ; Reimbursement of lost wages (Quantum to be determined by parties reduced by 50 percent contributory conduct) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Costs reserved

J Scott [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant had parental leave approved to commence in January 2005 – By November 2004 applicant finding it difficult to stand for…
Result:: Applications dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Applicant raised personal grievance with respondent and sought to attend mediation - Claimed employment agreement provided for initial private mediation - Respondent amenable to mediation but…
Result:: Compliance ordered ; Costs reserved

J Scott [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Costs - Successful personal grievance - Respondent to pay $1,500 contribution to costs
Result:: Costs in favour of applicant ($1,500)

D Asher [Employment Relations Authority - Wellington]

Summary:: INTERIM REINSTATEMENT - Applicant dismissed for failure to adhere to protocols and policies - Sought urgent interim reinstatement - Respondent opposed application - Argued employee in management position required high…
Result:: Application granted ; Interim reinstatement ordered ; Parties directed to mediation ; Costs reserved