Determinations database

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Applicant called to meeting and handed letter making him redundant - Alleged redundancy not genuine and procedurally unfair - No consultation - Respondent adamant financial…
Result:: Application granted ; Compensation for humiliation etc ($12,500) ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Applicants dismissed when caught by hidden camera clocking each other in - Whether disciplinary process fair - Applicant's argument situation may have been different…
Result:: Application granted ; Reimbursement of lost wages (Quantum to be determined by parties less 20% contributory conduct) ; Compensation for humiliation etc ($3,000 reduced to $2,400)(each) ; Reinstatement (Second applicant) ; Orders accordingly ; Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Whether redundancy genuine - Applicant based in Singapore - Position disestablished when Singapore/Thailand operation restructured - Alleged redundancy not genuine, no consultation and respondent did…
Result:: Application granted ; Compensation for humiliation etc ($15,000) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant alleged respondent failed to provide employment agreement or address workplace bullying – Applicant claimed health affected and no choice but…
Result:: Application granted ; Compensation for humiliation etc ($6,000) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Terms of confidential settlement to be full…
Result:: Consent order granted ; Orders accordingly ; No order for costs

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent received numerous complaints about applicant from other staff - Issue raised between parties several times - Dismissed following complaint from nurse over way…
Result:: Application granted ; Reimbursement of lost wages ($8,251.94 reduced to $4,951.16) ; Compensation for humiliation etc ($10,000 reduced to $6,000) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: JURISDICTION - Whether employee or independent contractor - Written agreement relevant - Stated contract for services between respondent and Large Productions Ltd (LP") - Applicant a party to contract as…

J Scott [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Driver reported safety fitting on tanker removed - Video surveillance from previous night showed unidentifiable person wearing red on top of tanker - Gate…
Result:: Application dismissed ; Costs reserved

R Arthur [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Applicant Labour Inspector sought compliance with determination of Authority - No appearance by respondent - Respondent directed to comply with original orders to pay arrears of holiday…
Result:: Compliance ordered ; Orders accordingly ; Disbursements in favour of applicant ($70)(Filing fee)

R Arthur [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Applicant Labour Inspector sought compliance with determination of Authority - No appearance by respondent - Respondent directed to comply with original orders to pay arrears of holiday…
Result:: Compliance ordered ; Orders accordingly ; Disbursements in favour of applicant ($70)(Filing fee)