Determinations database

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought contribution of $7,000 towards total costs of $15,100 (including mediation) plus full disbursements of $1,255 - Nothing…
Result:: Costs in favour of respondent ($3,000) ; Disbursements ($727.87)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Parties reached agreement terminating applicant's employment because of redundancy - Applicant subsequently alleged redundancy not genuine - Whether agreement capable of being cancelled under Contractual…
Result:: Application dismissed ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct – Employment agreement required applicant to work 40 hours per week between 6am and 6pm Monday to Friday – Exact times of work never agreed…
Result:: Application granted ; Reinstatement ordered ; Reimbursement of lost wages (Quantum to be calculated) ; Costs in favour of applicant (Full costs)(Quantum to be calculated) ; Leave reserved on quantum of wages and costs if no agreement

D Asher [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 terms of settlement
Result:: Consent order granted ; Orders accordingly ; No order for costs

H Doyle [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY – Applicant only paid for part of employment period – Attempts to collect remaining amounts unsuccessful – No appearance for respondent – Arrears of…
Result:: Application granted ; Arrears of wages ($3,496.76 net) ; Arrears of holiday pay ($406.25) ; Interest (9%)(Quantum to be calculated) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for removal to Employment Court - Dispute about application of Code of Good Faith in the Public Health Sector (as in Schedule 1B Employment Relations…
Result:: Application granted ; Matter removed to Employment Court ; No order for costs

G J Wood [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Parties reached agreement on terms and conditions of settlement - Parties agreed to variation of collective employment agreement - Respondent recorded commitment to adhering to procedures outlined…
Result:: Consent order granted ; Orders accordingly ; No order for costs

D Asher [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement - Parties asked that terms of settlement be orders of Authority - Order prohibiting publication of confidential details of settlement…
Result:: Consent order granted ; Orders accordingly ; No order for costs

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL – Redundancy – No appearance by Executive Chairman (“Chairman”) but respondent had representation at investigation meeting – Applicant’s evidence preferred over respondent’s documents – Applicant was Branch Manager…
Result:: Application granted ; Reimbursement of lost wages ($19,000)(19 months) ; Compensation for humiliation etc ($8,000) ; Costs in favour of applicant ($3,000)

G J Wood [Employment Relations Authority - Wellington]

Summary:: COMPLIANCE ORDER – Substantive determination found first respondent was applicant’s employer and awarded remedies for unjustified dismissal – No payment received - Neither respondent represented at current investigation meeting –…
Result:: Application granted ; Compliance ordered (First respondent); Question of liability reserved (Second respondent) ; Costs in favour of applicant ($250) ; Disbursements ($70)