Determinations database

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant had final written warning - After that warning were three other incidents allegedly illustrating applicant's continuing uncooperative behaviour - Meeting…
Result:: Application granted ; Reimbursement of lost wages ($9,750) ; Compensation for humiliation etc ($6,000) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES - Sought payment for overtime hours worked and meal allowances - Agreement provided that additional hours must be worked as requested by employer - Some additional hours…
Result:: Other monies (Quantum to be determined)(Meal allowance) ; Counterclaim allowed ($30.05)(Power bill) ; ($327)(Petrol) ; Damages (Quantum to be determined)(Loss of profit) ; ($2,880)(Failure to give notice) ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Previous order that respondent pay outstanding wages and holiday pay with interest, and penalty and disbursements - Amounts had not been paid - Applicant labour inspector sought…
Result:: Application granted ; Compliance order made ; Disbursements ($70)

K J Anderson [Employment Relations Authority - Auckland]

Summary:: INJUNCTION - Application for interim injunction staying disciplinary proceedings against applicant until pending criminal charges concluded - Applicant charged with four counts of theft relating to money and motor vehicles…
Result:: Application dismissed ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: COSTS - Dispute resolved in applicants' favour and wage arrears awarded - Applicants sought contribution of $9,000 being two-thirds of actual costs incurred - Two day investigation meeting but only…
Result:: Costs in favour of applicants ($2,100)

M Urlich [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - JURISDICTION - Applicant alleged wages and holiday pay outstanding - Whether employee or independent contractor - Respondent directed applicant's work, provided tools and…
Result:: Application granted; Arrears of wages ($352) ; Arrears of holiday pay ($4,382) ; No order for costs ; Disbursements (filing fee)($70)

D Asher [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Parties reached settlement at 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

J Crichton [Employment Relations Authority - Christchurch]

Summary:: RAISING PERSONAL GRIEVANCE - No appearance by respondent - No evidence that applicant communicated personal grievance to respondent within 90 days of dismissal - Whether exceptional circumstances - Immense personal…
Result:: Application dismissed ; Costs to lie where they fall

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged resigned due to breaches by respondent - Respondent alleged applicant made redundant - National manager received letter of complaint from staff about…
Result:: Application granted ; Compensation for lost benefit (redundancy entitlement)(4 weeks' wages) ; Compensation for humiliation, etc ($2,500) ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Unrepresented litigant not entitled to be reimbursed legal costs for litigant's own time - Respondent alleged incurred…
Result:: Disbursements in favour of respondent ($50)