Determinations database

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Record of and elaboration upon oral determination made at end of investigation meeting - No appearance for respondents - Second respondent director of first respondent - Applicant…
Result:: Application granted ; Reimbursement of lost wages ($6,250)(9 weeks) ; Compensation for humiliation etc ($2,750) ; Filing fee in favour of applicant ($70)

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Alleged constructive dismissal and then actual dismissal during notice period - Applicant claimed respondent unilaterally removed some of her duties, failed to provide safe workplace and excluded…

D Asher [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Applicant challenged Authority's determinations to Employment Court - Applied for stay of Authority's costs determination against him - Respondent opposed application for stay - If respondent…
Result:: Application granted ; Orders accordingly ; No order for costs

D Asher [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Record of oral determination - Respondent cited personally as employer - In statement of reply respondent alleged company was employer - Respondent's counsel informed Authority that…
Result:: Application granted ; Reimbursement of lost wages ($15,300)(17 weeks) ; Compensation for humiliation etc ($8,000) ; Arrears of holiday pay ($1,755) ; Interest (7.46%) ; Penalty ($500)(payable to crown) ; Costs in favour of applicant ($2,500)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: INJUNCTION - Application for interim reinstatement - Respondent received complaint that applicant had behaved inappropriately by gossiping about man associated with respondent and parties met to discuss issue - At…
Result:: Application dismissed ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: COSTS - Successful personal grievance - Comfortably investigated within one day - Applicant legally aided with total maximum grant of legal aid of $5,245 - Sought $4,000 contribution to costs…
Result:: Costs in favour of applicant ($2,500)

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful compliance order - One hour investigation meeting - Applicant sought full costs of $2,500 plus reimbursement of filing fee - Preparation time as for half day hearing…
Result:: Costs in favour of applicant ($1,250) ; Disbursements ($70)(Filing fee)

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Authority determined that applicant an independent contractor - Investigation meeting 1ï¾½ hours - Respondent sought contribution of $3,000-4,000 to costs of $9,658, or $9,146 after deducting cost of…
Result:: Costs in favour of respondent ($1,500)

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - JURISDICTION - Whether independent contractor or employee - Only factor against applicant being employee was that he submitted invoices - Applicant employee - Applicant required to prepare…
Result:: Application dismissed (unjustified dismissal) ; Application granted (unjustified disadvantage) ; Orders accordingly ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Applicant alleged lack of proper consultation prior to decision to make his position redundant - At first glance seemed odd that applicant not more closely…
Result:: Application dismissed ; Costs reserved