Determinations database

D King [Employment Relations Authority - Auckland]

Summary:: BREACH OF CONTRACT - Following staff meeting to discuss respondent's financial position respondent issued applicant a note reducing his hours and prohibiting overtime - Applicant agreed to variation - UNJUSTIFIED…
Result:: Application dismissed (breach of contract) ; Application granted (Unjustified dismissal); Reimbursement of lost wages ($1,520 reduced to $1,140)(1 month) ; Compensation for humiliation etc ($1,000 reduced to $750) ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Applicant alleged he signed a form promising increase in hourly rate after trial period completed - Wage increase not paid - Authority not satisfied form produced…
Result:: Application dismissed (Arrears) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($1,000 reduced to $500) ; No order for costs ; Filing fee in favour of applicant ($70)

D Asher [Employment Relations Authority - Wellington]

Summary:: COMPLIANCE ORDER – No appearance for respondent – Earlier determination found applicants unjustifiably dismissed and had wages and holiday pay owing to them – Remedies awarded - Subsequent determination…
Result:: Compliance ordered ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Parties reached settlement at investigation meeting - Terms of settlement to be orders of Authority - Full and final settlement - Respondent agreed to pay applicant $3,100…
Result:: Consent order granted ; Orders accordingly ; No order for costs

D Asher [Employment Relations Authority - Wellington]

Summary:: COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent sought reasonable contribution to costs of $6,292 - Applicant alleged reasonable contribution would be $1,500 -…
Result:: Costs in favour of respondent ($1,500)

G J Wood [Employment Relations Authority - Wellington]

Summary:: COSTS - Successful breach of contract claim - Respondent was ordered to pay penalty of $4,000 to Crown but no damages awarded in favour of applicant - Two Calderbank offers…
Result:: Costs to lie where they fall

L Robinson [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Two day investigation meeting - Respondent sought contribution to actual costs of $26,715 and disbursements of $1,335.
Result:: Costs in favour of respondent ($2,000)

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL – Suspension for initially two weeks had continued for 15 weeks – Alleged constituted dismissal – Applicant approached directors of respondent about a number of concerns: whether the…
Result:: Application granted ; Lost remuneration to date ($14,900.11) ; Three month’s future loss of income ($7,973.42) ; Compensation for humiliation etc ($15,000) ; Costs in favour of applicant ($2,000) ; Disbursements ($200)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: JURISDICTION - Whether independent contractor or employee - No written employment agreement - Regularly paid by respondent - Provided with truck - Took sick leave - Not in business on…
Result:: Application granted ; Arrears of wages ($2,100) ; Reimbursement of lost wages ($1,500)(2 weeks) ; Compensation for humiliation etc ($4,000) ; Penalty ($2,000)(To crown) ; Costs in favour of applicant ($3,500) ; Disbursements ($250)

D King [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Application for removal to Employment Court by ADHB – Alleged important question of law – Interpretation of new justification test in s 103A ERA – Issue…
Result:: Application dismissed ; Costs reserved