Determinations database

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Applicant had resigned and was working out notice period - Sought to not work notice period, but still be paid for remainder of time - Respondent told…
Result:: Application granted ; Reimbursement of lost wages ($8,333.33 reduced to $6,250)(2 months) ; Compensation for humiliation etc ($4,000 reduced to $3,000) ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Respondent took over ownership of rest home where applicant worked - Respondent alleged applicant abandoned employment following receipt of a final written warning - Applicant was dismissed…
Result:: Application granted (Unjustified dismissal) ; Compensation for humiliation etc ($6,000) ; Arrears of wages ($168)(2 days) ; Application dismissed (Penalty) ; Disbursements in favour of applicant ($70)(Filing fee)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISADVANTAGE - Unilateral decrease of applicants' hourly rate - No provision in employment agreement for reduction of hourly rate - Any reduction needed agreement of parties - In this…
Result:: Application granted ; Reimbursement of lost wages ($1,665)(3 weeks)(per applicant) ; No order for costs

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: JURISDICTION - Whether employee or independent contractor - Change in status - Applicant asked to be paid on commission - Downturn in sales - Respondent agreed to pay 1/12th of…
Result:: Application dismissed ; Costs in favour of respondent ($1,200)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - No appearance by respondent - Previous Authority determination awarded applicant arrears and compensation for unjustified dismissal - Respondent had not complied with order of Authority - Compliance…
Result:: Application granted ; Compliance ordered ; No award for costs

D Asher [Employment Relations Authority - Wellington]

Summary:: BREACH OF CONTRACT - No appearance by respondent - Applicant provided security and related services - Respondent dismissed for serious misconduct - Four damages claims against respondent - Applicant alleged…
Result:: Application granted ; Damages (70,002.59) ; No order for costs ; Filing fee ($70)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Second respondent joined as party by consent - By consent orders made to resolve applicant's employment relationship problem - Respondents to pay applicant $1,172.
Result:: Orders accordingly ; No order for costs

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: RESTRAINT OF TRADE - Alleged respondent, former employee, breached duty of fidelity and restraint of trade provision - Duty of fidelity - Respondent commenced own business after left employment with…
Result:: Orders accordingly ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: GOOD FAITH - BREACH OF CONTRACT - Applicant alleged respondent's CEO deliberately misled him in order to avoid payment of bonus to which he would otherwise have been entitled -…
Result:: Application granted ; Damages ($122,312.50) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS - Applicant withdrew employment relationship problem - Respondent sought contribution to total costs of $4,260 - Applicant's claim weak - Respondent gave applicant opportunity to withdraw claim - Late…
Result:: Costs in favour of respondent ($100)