Determinations database

J Crichton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant resigned after three separate alleged breaches of duty by respondent – Director of respondent enraged and abusive during discussion about losing certain account…
Result:: Application dismissed ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: BARGAINING - Reference for facilitation - Applicant alleged bargaining had been unduly protracted under s50C(1)(b) ERA - Respondent's employees currently on individual employment agreements (green fields situation) - Applicant had…
Result:: Application granted ; Orders accordingly ; Costs to lie where they fall

V Campbell [Employment Relations Authority - Auckland]

Summary:: DISPUTE - BREACH OF CONTRACT - Dispute over interpretation, application and operation of collective employment agreement – Whether respondent entitled to unilaterally alter applicants’ hours of work - Employment agreement…
Result:: Dispute determined in favour of applicants ; Application dismissed (Unjustified disadvantage) ; Penalty for breach of contract ($1,000)(Payable to Crown) ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant dismissed after failing to follow correct equipment safety procedures as defined in respondent’s policy – Investigation fair and properly conducted – Respondent entitled…
Result:: Application dismissed ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: COSTS - Unsuccessful personal grievance by RG (respondent/applicant) and unsuccessful breach of contract claim by ADCL (applicant/respondent) - 1 day investigation meeting - ADCL sought contribution towards total costs of…
Result:: Costs in favour of applicant/respondent ($2,500)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: ARREARS OF HOLIDAY PAY AND RECOVERY OF MONIES - Applicant sought eight days wages - Applicant gave four weeks notice of resignation and worked for nearly three of the four…
Result:: Application dismissed ; Orders accordingly ; No order for cost

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: BREACH OF CONTRACT - Applicant alleged respondent was employed for minimum term of three years, and she breached agreement by resigning after less than four months - Sought damages for…
Result:: Application granted (loan" damages) ; Damages ($5,600)(airfare, tuition, board and lodging) ; Application dismissed (other damages, penalties) ; Counterclaim dismissed"

M Urlich [Employment Relations Authority - Auckland]

Summary:: INJUNCTION - Application for interim reinstatement - For last four years applicant employed as full time lecturer on series of fixed term employment agreements - Applied unsuccessfully for permanent position…
Result:: Application granted ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: JURISDICTION – Respondents correctly identified jointly and severally as applicant’s employer due to doctrine of undisclosed principal – Second respondent failed to make true identity of employer clear to applicant…
Result:: Application granted ; Reimbursement of lost wages ($12,560)(20 weeks) ; Compensation for humiliation etc ($10,000) ; Costs in favour of applicant ($2,000)

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL – Constructive dismissal – Applicant long-standing employee with excellent reference from previous manager - New manager raised performance issues in meeting – Subsequently provided sophisticated “personal performance plan”…
Result:: Application granted ; Reimbursement of lost wages ($24,956.72)(12 months) ; Compensation for humiliation etc ($10,000) ; Costs reserved