Determinations database

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Application for removal to Employment Court - Applicant (responding party) alleged respondents (initiating parties) breached either explicit or implied terms of employment agreements and sought damages…
Result:: Application dismissed ; Orders accordingly ; No order for costs

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: INTERIM INJUNCTION - Respondent began to work for competitor after ceased employment with applicant - Alleged breach of restraint of trade provision - Applicant lost preferred supplier agreement with competitor…
Result:: Application dismissed ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES, HOLIDAY PAY AND OTHER MONIES - Wages in arrears from second pay day - Payments sporadic - Arrears of wages due and owing - Arrears of wages…
Result:: Arrears of wages ($2,512.54) ; Arrears of holiday pay (Quantum to be determined) ; Other monies ($640.13)(Unpaid expenses) ; Interest on amounts (7 percent) ; ($4,841.01)(Outstanding credit card debt) ; Penalty ($250)(To applicant) ; ($250)(To crown) ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: INJUNCTION - Reasons for granting ex parte interlocutory application for interim injunctions and Anton Piller orders - Interim injunctions to restrain respondent from using applicant's specified confidential information and intellectual…
Result:: Application granted ; Orders accordingly ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Whether employed between July and December 2001 - Sought payment for work done between July and December 2001 - Applicant helped son (RP") of his then…
Result:: Application dismissed ; Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - No written employment agreement - Applicant had recorded long hours on timesheet - Respondent rang applicant to question timesheet - Both parties were angry - Suspended via…
Result:: Application granted ; Reimbursement of lost wages ($4,743 reduced to $3,320) ; Compensation for humiliation etc ($2,750 reduced to 1,925) ; Contributory conduct (30 percent) ; Arrears of wages ($1,280) ; Costs in favour of applicant ($800)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Redundancy - Applicant made redundant after new printer purchased and moved to new premises - Genuine commercial reasons for redundancy - Selected on basis…
Result:: Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: JURISDICTION - Whether employee or independent contractor - Respondent offered four applicants work - Worked on three different construction sites - Provided own hand tools but respondent provided large or…
Result:: Application granted ; Arrears of wages (AG)($5,852.80) ; (IT)($635.60) ; (VM)($4,142) ; (VO)($1,280) ; Interest (7 percent) ; Disbursements (Filing fee)($70) ; No order for costs

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: BREACH OF CONTRACT - Alleged respondent breached employment agreement by providing software development services, confidential information and intellectual property to third parties without permission - Alleged some conduct occurred during…
Result:: Application reserved (Breach of contract) ; Application dismissed (Unjustified dismissal) ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Earlier conflict with managing directors over attitude to instruction - Subsequent altercation between one managing director and applicant - Conflict of evidence…
Result:: Application granted ; Reimbursement of lost wages (3 months)($8,281.28) ; Compensation for humiliation etc ($2,500) ; Costs reserved