Determinations database

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS - Parties had reached settlement agreement - Authority consequently found applicant could not proceed with personal grievances - Respondent sought full costs or two-thirds of costs of $136,035 -…
Result:: Costs in favour of respondents ($30,000)

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE - Respondent operated gainshare plan" with annual bonus paid out if targets met - Key aspect of gainshare plan was requirement that employees who took special leave were…
Result:: Application dismissed (unjustified disadvantage and breach of good faith) ; Application granted (breach of contract) ; Penalty ($1,000)(payable to Crown) ; Orders accordingly ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE - Applicant alleged Deputy Principal misled applicant's referee prior to applicant's appointment about why predecessor no longer with school - Personal grievance definition directed to grievances arising out…
Result:: Application dismissed; Orders accordingly ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged verbal abuse towards site foreman - Employed on three month probationary period - Procedurally unfair - A full and fair investigation would have…
Result:: Application granted ; Reimbursement of lost wages ($8,580 reduced to $4,290)(13 weeks) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Medical reaction to use of cleaning solution - Ongoing health problems - Time off on sick leave - Taken off cleaning duties - Applicant…
Result:: Application dismissed (Unjustified dismissal) ; Application dismissed (Unjustified disadvantage) ; Costs reserved

R Arthur [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent hired private investigator to watch applicant - Were discrepancies in takings - Believed had been stealing money - Installed hidden video camera -…
Result:: Application granted ; Reimbursement of lost wages (21 weeks) ; Compensation for humiliation etc ($6,500 reduced to $5,200) ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Stark contrasts in evidence - Catering service assistant and kitchen hand - First applicant alleged when started work she made it clear to site manager that she…
Result:: Application dismissed ; Costs reserved

G J Wood [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 all the contents of the terms…
Result:: Consent order granted ; Orders accordingly ; No order for costs

H Doyle [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Successful personal grievance - Respondent alleged did not have ability to pay sums awarded in one lump sum - Asked Authority to order payment by instalments…
Result:: Application dismissed ; No order for costs

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: COMPLIANCE ORDER - No appearance for respondent - Applicant entitled to various remedies - Had entered into arrangement for respondent to pay amount owing by instalments - Sought full payment…
Result:: Compliance order granted ; Interest on amount owing (9 percent) ; Costs in favour of applicant ($1,000) ; Disbursements ($90)