Determinations database

P R Stapp [Employment Relations Authority - Wellington]

Summary:: COSTS - Successful personal grievance - Three day investigation meeting - Applicant sought costs of $18,566 plus GST, being 66 percent of total legal fees incurred - Sought full disbursements…
Result:: Costs in favour of applicant ($9,900.66) ; Disbursements ($605.50)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: RAISING OF PERSONAL GRIEVANCE - Whether personal grievance raised within 90 day timeframe - Applicant's role disestablished as filming for Lord of the Rings movie wound down - Evidence indicated…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Whether applicant was dismissed or abandoned her employment - Written employment agreement provided that if applicant was absent from work for continuous period exceeding two working days…
Result:: Application granted ; Reimbursement of lost wages ($5,123)(3 months) ; Compensation for humiliation ($7,000) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: DISPUTE - Whether second applicant covered by collective employment agreement between first applicant union and respondent employer - Coverage clause provided that collective agreement covered generalist banking roles and S1-S4…
Result:: Dispute answered in favour of applicants ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Interpretation of collective employment agreement - Parties agreed to extend respondent's productivity scheme to temporary employees - Employees had to apply for payment - Final two sentences of…
Result:: Question answered in favour of applicant ; Costs reserved

J Scott [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - While visiting supplier applicant became abusive when disputing nature of supplier's special offer - Similar past conduct to colleagues and supervisors - Respondent dismissed…
Result:: Application dismissed (unjustified dismissal) ; Application granted (unjustified disadvantage) ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant required under employment agreement to carry out daily checks of truck including of oil level - Respondent concluded that applicant failed to maintain…
Result:: Application dismissed ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether applicant abandoned employment - Respondent's director formed view that things were going missing - Arranged set-up to catch who was responsible - Applicant directed to pick…
Result:: Application granted ; Reimbursement of lost wages (suspension)(1 month) ; (dismissal)(3 months)(quantum to be determined by parties) ; Compensation for humiliation etc ($4,000) ; Filing fee ($70)

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Respondent received complaints about applicant from clients, staff and major supplier - Sought to set up meeting with respondent - Delay in holding meeting until respondent supplied…
Result:: Application dismissed (dismissal) ; Application granted (unjustified disadvantage) ; Orders accordingly ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant sought contribution of $5,000 to actual costs of $7,200 - Respondent sought contribution of $2,000 to…
Result:: Costs in favour of applicant ($2,500)