Determinations database

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Whether employees redundant in terms of two relevant collective agreements - Respondent proposed disestablishment of 130 in-flight service director (“ISD”) positions and establishment of 130 flight service manager…
Result:: Question answered in favour of respondent ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Respondent's school operated unit for special needs children - Children spent part of day in mainstream classroom - Teacher aides employed to assist teachers with special needs children…
Result:: Application granted ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Applicants applied for compliance order - Respondent applied to have matter struck out - Alleged claim was trivial and vexatious - Fact that something may be…
Result:: Application declined ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Respondent sought total costs of $6,500 - Respondent had made Calderbank offer of $3,000 which was not accepted - Applicant alleged it was test…
Result:: Costs in favour of respondent ($2,000)

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Applicant made successful application for interim reinstatement and successfully defended respondent's application to remove personal grievance to Employment Court - Less than ï¾½ day investigation meeting for interim…
Result:: Costs in favour of applicant ($1,000)(removal application) ; ($3,840)(interim reinstatement application)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Applicant questioned respondent's director about dismissal of co-worker - Dispute over what director said to applicant - Applicant left and did not…
Result:: Application granted ; Reimbursement of lost wages (quantum to be determined by parties)(3 months) ; Compensation for humiliation etc ($8,000) ; Arrears of wages ($620.37) ; Arrears of holiday pay ($3,126.54) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Failure to comply with requirements for sending personal cargo pursuant to staff concession - Applicant sent gift package to family in Samoa - Left…
Result:: Application dismissed (Unjustified dismissal) ; Application granted ; (Unjustified disadvantage) ; Compensation for humiliation etc ($3,000) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Summary dismissal - Whether dismissed or resigned - Applicant wanted to cease working Friday and Saturday evenings - Applicant phoned manager and said pay was $200 short…
Result:: Application granted ; Reimbursement of lost wages (Quantum to be determined) ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct - Inappropriate behaviour – Three investigations - First investigation into use of internal email system by applicant and another officer for the purpose of promoting…
Result:: Application dismissed ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: COMPLIANCE ORDER - Respondent failed to comply with Authority determination which awarded applicant various monies - Alleged financially incapable of immediately meeting full payment as ordered by the Authority -…
Result:: Orders accordingly ; Costs reserved