Determinations database

M Urlich [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Applicants sought to join S as second respondent to proceedings - If wished to, would have to pursue claim against S personally under…
Result:: Arrears of wages ($5,356.50)(HB) ; ($6,031.50)(ML) ; ($5,995.50)(JYL) ; ($5,968.50)(XDY) ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Serious misconduct - One of respondent's service users (A") alleged applicant physically assaulted and verbally abused him - Applicant suspended and dismissed - Parties' collective employment agreement…
Result:: Application granted ; Reimbursement of lost wages ($9,331)(4 months) ; Compensation for humiliation ($8,000) ; Non-publication order ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES, HOLIDAY PAY, AND OTHER MONIES - No appearance by respondent - Wages sporadic - Fuel card cancelled - Not enough money to meet operating needs of business…
Result:: Application granted ; Arrears of wages ($1,052.85) ; Arrears of holiday pay ($4,820) ; Other monies ($1,118.66) (Reimbursement of expenses) ; Compensation for humiliation etc ($5,000) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee)

J Crichton [Employment Relations Authority - Christchurch]

Summary:: DISPUTE - Interim determination - Agreed that would issue interim determination and if no request from either party to hear further argument, decision would become final one by effluxion of…
Result:: Question answered in favour of respondent ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: COMPLIANCE ORDER - Compliance with mediated settlement sought - Failure to agree to payment schedule as required by record of settlement - Compliance with record of settlement ordered
Result:: Compliance order granted ; No order for costs

L Robinson [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for removal of matter to Employment Court - Two issues - First allegation that respondent had unlawfully passed on in individual employment agreements certain terms…
Result:: Application granted ; Matter removed to Employment Court ; No order for costs

V Campbell [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Selection process fair - New positions had additional skills compared to applicant's role - Redundancy not genuine - Though his previous position had disappeared, was…
Result:: Application granted (Unjustified dismissal); Reimbursement of lost wages ($13,750)(Three months) ; Compensation for humiliation etc ($8,000) ; Application dismissed (Unjustified disadvantage) ; Costs reserved

J Scott [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Had been on restricted duties due to health issues - Applicant alleged had suffered work related accident - Reported this to ACC - Respondent…
Result:: Application dismissed ; Costs reserved

R Arthur [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Ongoing performance issues - Applicant lost sum of money which was supposed to be deposited into respondent's bank - Failed to report matter to respondent - Repaid…
Result:: Application granted ; Reimbursement of lost wages ($8,750 reduced to $7,875)(3 months) ; ($2,692.30 reduced to $2,423.07)(Remainder of contractual notice period) ; ($420 reduced to $378)(Board and storage costs for 2 weeks) ; Compensation for humiliation etc ($9,000 reduced to $8,100) ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: DISPUTE - Interpretation of collective employment agreement - Applicant alleged respondent in breach of departmental agreement (DA") by its method of paying lamb cutting employees ("employees") for smoko breaks -…
Result:: Question answered in favour of applicant ; Orders accordingly ; Costs reserved