Determinations database

D Asher [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Correction - Determination corrected determination WA 157/05 by including time within which compliance order was to be obeyed - Ordered to comply within 28 days from…
Result:: Orders accordingly ; No order for costs

J Scott [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Summary dismissal - No appearance for respondent - Applicant asked if willing to increase hours for Christmas period - He said was happy to consider increase -…
Result:: Application granted ; Reimbursement of lost wages ($6,734)(13 weeks) ; Compensation for humiliation etc ($5,000) ; No order for costs

J Scott [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Poor performance - Had received written warning - Alleged number of issues with applicant: Poor personal presentation, clients complaint that applicant presented as depressing and lethargic, failed…
Result:: Application granted ; Reimbursement of lost wages ($5,200 reduced to $2,600) ; Compensation for humiliation etc ($2,000 reduced to $1,000) ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: RAISING PERSONAL GRIEVANCE - Whether grievance raised within 90 day period - Applicant continued to perform some work for respondent after resignation and received payment - Employment terminated not on…
Result:: Applications dismissed ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: COMPLIANCE ORDER - No appearance for respondent - Respondent had not complied with Authority determination - Satisfied that compliance order appropriate - Compliance with determination ordered
Result:: Compliance order granted ; No order for costs

D Asher [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Unsuccessful personal grievance - Parties advised Authority of agreement that applicant would pay costs of $1,500 by two instalments - Sought agreement to be recorded by way…
Result:: Consent order granted ; Orders accordingly

J Crichton [Employment Relations Authority - Christchurch]

Summary:: RAISING OF PERSONAL GRIEVANCE - Applicant's lawyer advised respondent that applicant had employment relationship problem over warnings given to her - Stated if behaviour continued and applicant put in position…
Result:: Application granted (raising grievance) ; Application dismissed (strike out) ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: JURISDICTION – Whether Authority had jurisdiction to interpret terms of Superannuation Scheme – Dispute over definition of salary for the purposes of calculating amount respondent deducted from pilots’ salaries and…
Result:: Application granted ; Parties directed to mediation ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: INJUNCTION - Application for interim orders restraining respondent from holding proposed disciplinary meeting - Respondent received draft report from third party that reflected badly on applicant - Agreement that applicant…
Result:: Applications dismissed ; Orders accordingly ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Serious misconduct - Alleged failure to comply with quality processes – Padlock found in packet of Weetbix – Alleged failure to fill out quality impact report (“QIR”)…
Result:: Application granted ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($25,000) ; Reinstatement ordered ; Costs reserved