Determinations database

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 contents of terms of settlement
Result:: Consent order granted ; Orders accordingly ; No order for costs

J Crichton [Employment Relations Authority - Christchurch]

Summary:: COMPLIANCE ORDER - Compliance with demand notice sought - No appearance for respondent despite fact director of respondent had spoken to Senior Support Officer of Authority and confirmed money was…
Result:: Compliance ordered ; Costs to lie where they fall

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: RAISING PERSONAL GRIEVANCE - Applicant sought employment overseas while on leave without pay - Alleged manager from respondent provided defamatory references – Applicant sought and received apology, removal of references…
Result:: Application dismissed ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Preliminary matter - Personal grievance - Respondent claimed termination was on grounds of genuine redundancy resulting from a transfer of the company’s undertaking, a language school,…
Result:: Application dismissed

J Scott [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Application by respondent to reopen investigation – Original determination found respondent failed to pay applicant agreed payment of $2,000 – Was disagreement as to whether settlement…
Result:: Application dismissed ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: COSTS – Unsuccessful personal grievance and claim for exemplary damages – Length of investigation meeting not specified – Respondent sought contribution to total costs of $37,262 – Calderbank offer put…
Result:: Costs in favour of respondent ($6,000)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Authority ordered respondent to pay arrears of wages in previous determination - Reserved leave for parties to revert to Authority for quantum if necessary - Applicant…
Result:: Quantum specified ; Arrears of wages ($46,538) ; Arrears of holiday pay ($1,547.28 ; Interest (9 percent)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Applicant alleged monies owing for unpaid holiday pay, wages, and commissions - Application for penalty withdrawn at investigation meeting - No appearance for…
Result:: Application granted ; Arrears of wages and holiday pay ($2,132.17) ; Unpaid commissions ($10,485.54) ; Disbursements in favour of applicant ($70)(Filing fee)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES – Applicant paid hourly rate - According to individual employment agreement (“IEA”) applicant to be paid salary – Clause in IEA requiring overtime when necessary did not…
Result:: Application granted (Arrears of wages and holiday pay) ; Arrears of wages ($411) ; Arrears of holiday pay ($119.50)(Extra payment for working public holidays) ; ($480)(Statutory holidays) ; ($60.63)(Annual leave) ; Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($2,500) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee)

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Summary dismissal – Applicant dismissed on spot after respondent received complaint from another transport company of dangerous driving by applicant – Warning previously issued…
Result:: Application granted ; Reimbursement of lost wages ($6,000 reduced to $3,000)(12 weeks reduced to 6 weeks) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Costs reserved