Determinations database

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Outstanding claim for damages - Authority had previously found respondent breached employment agreement in number of respects - High Court issued decision finding respondent had breached…
Result:: Application dismissed ; Costs reserved

J Scott [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - ï¾½ day investigation meeting - In previous determination had held on subject of costs that costs was not an issue since neither party…
Result:: Costs in favour of respondent ($750)

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Respondent sought contribution of $6,700 towards total costs of $15,591 - Reasonable costs $4,000 - Took into account that arguments advanced for applicant had…
Result:: Costs in favour of respondent ($2,666)

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COSTS - Partially successful personal grievance - Contributory conduct 65 percent - Applicant sought full costs of $2,500 - Only a minimal award was warranted, taking to account applicant's contributory…
Result:: Costs in favour of applicant ($350) ; Disbursements ($70)(Filing fee)

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant's wife was dismissed from her position with respondent - Applicant reassured that he remained a valuable employee of respondent - Applicant alleged he…
Result:: Application dismissed (Unjustified dismissal) ; Application granted (Breach of contract) ; Damages (Salary until end of year) ; Costs to lie where they fall

P R Stapp [Employment Relations Authority - Wellington]

Summary:: ARREARS OF WAGES – Terson Industries (“T”) withheld wages for alleged failure to provide one months notice – Fixed term agreement – Near end of agreement T sought to negotiate…
Result:: Application granted (Arrears of wages)($3,373.01) ; Interest (7 percent) ; Application dismissed (Penalty) ; Application dismissed (Damages) ; Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissals occurred after 1 December 2004 - Applicants dismissed for smoking marijuana at staff Christmas function – A manager and the designated host of…
Result:: Application granted ; Reinstatement ordered ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($4,000)(First applicant) ; ($3,000)(Second applicant) ; ($3,000)(Third applicant) ; Non-publication order ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: INJUNCTION - Applicant sought injunction preventing respondent from proceeding with four notified reviews – Alleged notified reviews breached clause of collective agreement (“CA”) and section 4 Employment Relations Act 2000…
Result:: Injunction granted ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER – Compliance order made by consent during telephone conference – Applicant and respondent ordered to comply with previous consent determination – In particular compliance ordered with requirement that…
Result:: Compliance order granted ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Genuine redundancy - Applicant declined offer of alternative position - Procedurally unfair - No consultation prior to decision being made to restructure applicant's position -…
Result:: Application granted ; Compensation for humiliation etc ($5,000) ; Costs reserved