Determinations database

L Robinson [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Application for compliance order - Respondent alleged there was no cash available to pay applicant - Authority satisfied respondent had not complied with its determinations - Compliance…
Result:: Application granted ; Compliance ordered ; No order for costs

R Arthur [Employment Relations Authority - Auckland]

Summary:: JURISDICTION - Whether employee or independent contractor - Applicant did property maintenance work for respondent on labour only" contractor basis - Subsequently respondent sought applicant's help for renovation - Presented…
Result:: Application granted ; No order for costs

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Applicant summarily dismissed - Did not receive final pay - Respondent alleged unlawful actions of applicant had put respondent to considerable expense -…
Result:: Arrears of wages ($946.73) ; Meal and clothing allowance ($154.22) ; No order for costs

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: SEXUAL HARASSMENT - UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged ongoing verbal and physical abuse of sexual nature by two male managers of shop - Often sworn at and referred…
Result:: Application granted ; Reimbursement of lost wages ($10,507.78)(6 months) ; Compensation for humiliation etc ($13,000) ; Orders accordingly ; Costs in favour of applicant ($3,750) ; Disbursements ($70)(Filing fee)

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: DISPUTE - Interpretation of collective employment agreement - Correct payment for employee who did not work on statutory holiday and how overtime provisions applied - Applicant alleged eight hours on…
Result:: Application dismissed ; Question answered in favour of respondent ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged failure to follow safety requirements by allowing child in kitchen, boisterous or disruptive behaviour, and failure to have diabetic snacks available - Alleged…
Result:: Application granted ; Reimbursement of lost wages ($3,059.06)(Three months) ; Compensation for humiliation etc ($10,000) ; No order for costs

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Redundancy - Alleged disadvantage by unilaterally varying employment agreement by placing applicant on unpaid leave without agreement - Further alleged refused to allow applicant…
Result:: Application granted ; Four weeks wage's in lieu of notice ; Compensation for humiliation etc ($4,000) ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for stay of direction to mediation - Respondent had sought leave of Employment Court to challenge out of time Authority's preliminary determination on applicant's employment…
Result:: Application granted ; Orders accordingly ; No order for costs

H Doyle [Employment Relations Authority - Christchurch]

Summary:: RAISING OF PERSONAL GRIEVANCE - SEXUAL HARASSMENT - Application to raise personal grievance out of time - Applicant alleged employee X" sexually harassed her on one occasion in January 2003…
Result:: Application dismissed ; Orders accordingly ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Failure to comply with mediated settlement - Respondent alleged had not complied because had no money - Also alleged was not the employer - Compliance ordered
Result:: Compliance ordered ; Disbursements in favour of applicant ($70)