Determinations database

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Both applicants employed by company to clean school - Company lost contract for school cleaning to respondent - Applicants' employment terminated - Respondent never offered applicants positions…
Result:: Application dismissed ; No order for costs ; Expenses in favour of respondent ($300)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: DISPUTE - Whether applicant should have been paid in-charge allowance provided for in collective agreement since October 2003 - Alleged should be paid allowance of 50 cents on top of…
Result:: Question answered in favour of applicant ; Application for compliance order declined ; No order for costs ; Disbursements in favour of applicant ($70)(Lodgement fee)

L Robinson [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance but wage arrears claim settled by consent - Investigation meeting less than one day - Respondent sought costs of $4,000 toward total costs of $11,235…
Result:: No order for costs

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Serious misconduct - No written employment agreement - Applicant suspended on pay without consultation - Suspension an unjustified disadvantage - Dismissed for referring to…
Result:: Application granted ; Reimbursement of lost wages (13 weeks)($18,750 reduced to $7,884) ; Compensation for lost benefit (car allowance)($1,890 reduced to $1,512) ; Compensation for humiliation etc ($8,000 reduced to $6,400) ; Costs in favour of applicant ($2,250)

G J Wood [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Respondent agreed to pay applicant $735
Result:: Consent order granted ; Orders accordingly ; No order for costs

D Asher [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Application for removal to Employment Court – Substantive application alleged respondents breached good faith obligations by refusing to engage in collective bargaining and by refusing to…
Result:: Application granted ; Matter removed to Employment Court ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: DISPUTE - Whether entitled to redundancy compensation - Company closed business - Second and third applicants had been employed as temporary workers on seasonal basis - Collective employment agreement provided…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - One out of three orders sought granted - One day investigation meeting - Since Authority finding did not rely on affidavit evidence declined to order that the affidavit…
Result:: Costs in favour of applicant ($4,000) ; Disbursements ($365.14)

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Three day investigation meeting - Investigation spanned many months - Were five adjournments and five telephone conferences - Respondent sought contribution of 50 percent…
Result:: Costs in favour of respondent (sum equivalent to legal aid contribution)

J Scott [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Received final written warning for abusing and threatening co-worker - A few months later was involved in incident where verbally abused co-worker and…
Result:: Application dismissed ; No order for costs