Determinations database

R Arthur [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Genuine redundancy - Process followed in advising applicant of redundancy not inadequate given size and very limited resources of respondent - No realistic prospects for…
Result:: Damages ($1,280)(Two week's notice) ; Penalty ($300) ; Costs in favour of applicant ($500) ; Disbursements ($70)(Filing fee)

K J Anderson [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Alleged owed unpaid redundancy compensation since respondent failed to take into account his total years of continuous service - Applicant was employed by respondent from 1970 until 1993…
Result:: Question answered in favour of respondent ; Applications dismissed (Unjustified dismissal and disadvantage) ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful unjustified dismissal claim and unsuccessful unjustified disadvantage claim - In substantive determination Authority indicated that as applicant was unrepresented no legal costs would be awarded and encouraged…
Result:: Costs in favour of applicant ($2,500) ; Disbursements ($1,488.56)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Failure to pay wages - Respondent disputed that he was applicant's employer for whole period of employment - Respondent was applicant's employer for…
Result:: Arrears of wages ($1,311.50) ; Arrears of holiday pay ($131.49) ; Interest (8.5 percent) ; Disbursements ($70)(Filing fee)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: JURISDICTION - Initially no employment agreement - Applicant fully integrated into business - Respondent provided most machinery though applicant provided various handtools - Work done controlled by respondent - Applicant…
Result:: Application dismissed ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Respondent had filed application to reopen two Authority determinations - Respondent had not filed any evidence pursuant to revised timetable - Had fair opportunity to do…
Result:: Application dismissed ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Poor performance - Respondent developed genuine concerns about applicant's performance - Applicant received two pay increases - Meetings amounted to no more than coaching and counselling -…
Result:: Application granted ; Reimbursement of lost wages ($2,000)(3 months) ; Compensation for humiliation etc ($5,000) ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful application by respondent to remove matter to Employment Court - Less than ï¾½ day investigation meeting - Respondent sought contribution of $1,500 to total costs of $3,215…
Result:: Costs to lie where they fall

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: COSTS - Unsuccessful personal grievance - Less than one day investigation meeting - Respondent sought 80 percent of actual costs of $15,688 plus disbursements of $222 - Nothing complex…
Result:: Costs in favour of respondent ($3,200) ; Disbursements ($222.65)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: CONSENT ORDER - Parties lodged application asking for consent order - Terms of settlement to be orders of Authority - Orders specified in termination
Result:: Consent order granted ; Orders accordingly ; No order for costs