Determinations database

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Respondent had a number of concerns about applicant's performance and effectively gave a final written warning - Behaviour at Christmas party…
Result:: Application granted ; Reimbursement of lost wages ($4,330.55 reduced to $2,165.23)(3 months 9 days) ; Compensation for humiliation etc ($6,000 reduced to $3,000) ;

P R Stapp [Employment Relations Authority - Wellington]

Summary:: DISPUTE – Application, interpretation and operation of parental leave policy – Policy provided for paid parental leave for “support caregiver” and “primary caregiver” – Issue over how many times a…
Result:: Question answered in favour of respondent

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: INTERIM REINSTATEMENT – Unjustified dismissal – Section 103A ERA applied – Applicant told third party would reimburse for loss suffered by third party breaking investment because of late payment of…
Result:: Application dismissed ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: RECOVERY OF MONIES – Overpayment of wages – Annual review in salary led to salary increase from $23,438 to $25,000 – In error, hourly rate loaded as $24 per hour…
Result:: Overpayment of wages ($11,210.45)(To applicant) ; Arrears of wages ($7,479.07)(Overtime payments)(To respondent) ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: RAISING PERSONAL GRIEVANCE - Alleged exceptional circumstances because was so affected by the dismissal that unable to properly consider raising a personal grievance until after 90 day period when realised…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Respondent’s version of events “utter fabrication” - Applicant employed as PA for director of respondent for $1,200 per week after tax – Worked for some of that…
Result:: Application granted ; Arrears of wages ($600)(Underpayment of wages) ; Arrears of holiday pay ($288) ; Interest (7 percent) ; Reimbursement of lost wages ($55,108.34) (12 Months) ; Compensation for humiliation etc ($5,000) ; Penalty ($7,000)($4,000 to applicant, $3,000 to Crown) ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Application for removal to Employment Court - Unjustified dismissal - Constructive dismissal - Applicant alleged that respondent's continuing course of unsatisfactory conduct caused him to resign…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Applicant sought that respondent return its company property - Parties consented to following arrangements at investigation meeting - Respondent was to return saw and drill -…
Result:: Orders accordingly ; Costs in favour of applicant ($150) ; Disbursements ($70)(filing fee)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Identity of employer - Applicant named respondent as employer in arrears claim - Respondent alleged applicant's employer was company (BIL") which respondent was director of -…
Result:: Application dismissed ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: RAISING PERSONAL GRIEVANCE - Applicant verbally resigned in July 2004 but refrained from making resignation formal, as agreed between the parties, until after the respondents annual conference in mid August…
Result:: Application granted ; Parties directed to mediation ; Costs reserved