Determinations database

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - More than three day investigation meeting - Respondent sought contribution to costs of $23,760 and disbursements of $250, being 66 percent of solicitor-clients costs…
Result:: Costs in favour of respondent ($7,200) ; Disbursements ($250)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: BARGAINING – Reference for facilitation – Applicant sought reference to facilitation alleging grounds s50C(1)(b), (c) and (d) ERA applied – Respondent did not oppose reference in principle but submitted that…
Result:: Application granted ; Orders accordingly ; Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE - UNJUSTIFIED DISMISSAL - Poor performance - Employment agreement unsigned but recognised by respondent as governing relationship - Applicant issued written warnings regarding performance and requested to attend…
Result:: Application granted ; Reimbursement of lost wages ($13,000) ; Arrears of holiday pay (6 percent of lost wages) ; Compensation for humiliation etc ($17,000) ; Arrears of wages (bonuses)(Quantum to be determined) ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: COSTS - Unsuccessful personal grievance as applicant acquiesced in changes imposed on her - Length of investigation meeting not specified - Respondent sought contribution of $6,000 to total costs in…
Result:: Costs to lie where they fall

R Arthur [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for joinder - Applicant alleged not paid remedies awarded by Authority because respondent claimed it had no funds or assets - Employment agreement gave employer…
Result:: Application dismissed : No order for costs

J Scott [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application to strike out - Whether accord and satisfaction - Applicant claimed dismissal unjustified - Respondent asserted agreement for additional three weeks pay settled all issues…
Result:: Application granted ; Personal grievance struck out ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed for assaulting colleague (CD") - Respondent also investigated alleged provocation by CD - Applicant claimed respondent failed to adequately weigh provocation and…
Result:: Application dismissed ; Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Sexual harassment - Applicant resigned as believed respondent not dealing with complaints - Alleged sexually harassed by another employee, SH - Respondent claimed complaints…
Result:: Application granted ; Reimbursement of lost wages ($1,950) ; Compensation for humiliation etc ($10,000) ; Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE - Applicant alleged unjustifiably disadvantaged by final warning issued by respondent - Respondent investigated allegation applicant breached code of conduct and check-in procedures - Applicant checked herself in…
Result:: Application dismissed ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - Length of investigation meeting not specified - Applicant sought contribution of $2,220 to total costs of $3,556 plus disbursement of $225 - Submitted…
Result:: Costs in favour of applicant ($1,500) ; Disbursements ($225)