Determinations database

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Applicant advised position redundant due to restructuring - Told at meeting called for another purpose - Several shareholders of company present - No prior consultation…
Result:: Application granted (Unjustified dismissal) ; Applications dismissed (Sexual harassment and penalty) ; Compensation for humiliation etc ($7,500) ; Costs in favour of applicant ($1,350)

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Dismissed for being unable to undertake lifting duties - Respondent alleged applicant was asked at interview if she was capable of lifting (position required heavy lifting) -…
Result:: Application granted ; Reimbursement of lost wages (Two weeks) ; Compensation for humiliation etc ($15,000) ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement before investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
Result:: Consent order granted ; Orders accordingly ; No order for costs

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Restructuring led to offer of reassignment to permanent position on a fixed term basis" - Position not considered "suitable" by plaintiff in terms of…
Result:: Application dismissed ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - No appearance for respondent - Successful unjustified dismissal claim - Respondent failed to pay remedies awarded by Authority - Respondent to pay amounts awarded in substantive determination…
Result:: Compliance order granted ; Orders accordingly ; Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant resigned but would have otherwise been dismissed - Applicant compiled a call cycle/run list for visits to major customers - Labelled proposed run…
Result:: Application granted ; Reimbursement of lost wages ($20,000) ; Compensation for hurt and humiliation etc and loss of use of company vehicle ($10,000) ; Reinstatement ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: COMPLIANCE ORDER - Compliance with demand notice sought - Unsuccessful application to allow additional time to lodge objection - Respondents alleged they wanted to sit down with employee and resolve…
Result:: Compliance order granted ; Orders accordingly ; Disbursements in favour of applicant ($70)(Filing fee) ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - First respondent was employer - Applicant worked on projects for first respondent - Two weeks into project was told not to come into work for a few…
Result:: Application granted ; Reimbursement of lost wages ($3.650)(Five weeks) ; Compensation for humiliation etc ($7,000) ; Costs reserved

J Scott [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Non-work related internet use including adult/sexually explicit sites - 10,426 site visits over 16 weeks - Respondent entitled to conclude sites visited and amount…
Result:: Application dismissed ; Costs reserved

J Crichton [Employment Relations Authority - Christchurch]

Summary:: COMPLIANCE ORDER - Compliance with mediated settlement sought - Settlement guaranteed by second respondent (and director and shareholder of first respondent) - Terms of mediated settlement not performed on due…
Result:: Compliance order granted ; Costs in favour of applicant ($400) ; Disbursements ($70)(Filing fee)