Determinations database

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: COSTS - Found that Authority did not have jurisdiction, but that the proper law of contract applicable was law of Iceland - One day investigation meeting - Respondent sought 80…
Result:: Costs in favour of respondent ($27,275) ; Disbursements ($11,509.68)

L Robinson [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for removal to Employment Court - Alleged constructive dismissal and other personal grievances - Alleged important question of law whether respondent breached ss 9 and…
Result:: Application dismissed ; Orders accordingly ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Altercation with co-worker - Co-worker had been causing problems in the past - Not all allegations or other witnesses' accounts put to applicant for…
Result:: Application granted ; Reinstatement ordered ; Compensation for humiliation etc ($10,000 reduced to $8,000) ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Remedies - Applicants were dismissed for accessing family files in breach of code of conduct - Authority had found dismissals unjustified due to disparity, ordered reinstatement…
Result:: Reimbursement of lost wages (2 months per applicant reduced by 20%) ; Compensation for humiliation etc ($12,500 per applicant reduced to 10,000) ; Costs in favour of applicants ($7,500) ; Application dismissed (reinstatement) ; Costs reserved (reinstatement)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged respondent followed course of conduct with deliberate or dominant purpose of coercing resignation - New manager (S") had different style to old manager…
Result:: Application dismissed ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: RESTRAINT OF TRADE - Whether restraint enforceable - Applicant gave three months notice of resignation - Advised was going to work for competitor - Restraint applied to all of New…
Result:: Question answered in favour of respondent ; Application for compliance order declined ; Application dismissed (Breach of contract) ; Application dismissed (Unjustified disadvantage) ; Orders accordingly ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant incorrectly filled out time sheets and implicated younger employee in this - Respondent became aware of a number of anomalies - Applicant confessed…
Result:: Application granted ; Reimbursement of lost wages; Contributory conduct 100% ; Orders accordingly ; Costs to lie where they fall

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Respondent sought contribution to costs of $6,500 - Reduction in amount would have awarded to take account of effect of respondent's poor human resource…
Result:: Costs in favour of respondent ($1,500)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: INJUNCTION - Ex parte application for Anton Piller order - Respondent resigned from applicant - Placed on garden leave during notice period after announcing intention to work for applicant's competitor…
Result:: Application granted ; Anton Piller order granted ; No order for costs

L Robinson [Employment Relations Authority - Auckland]

Summary:: COSTS - Supplementary determination - Previous decision awarded costs of $1,500 in favour of respondent - Costs determination reopened - Whether costs should lie where they fall - Applicant successfully…
Result:: Previous decision confirmed ; Orders accordingly