Determinations database

J Wilson [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Applicant sought compliance with recently negotiated agreement regarding operating capacity of Auckland Central Remand Prison – Sought to ensure compliance with spirit and intent of agreement in…
Result:: Application granted ; Compliance ordered ; Orders accordingly

M Urlich [Employment Relations Authority - Auckland]

Summary:: JURISDICTION - Whether employee or independent contractor - Performed all work for respondent from its offices and used respondent's equipment - Only evidence of intention as to nature of relationship…
Result:: Application dismissed ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Respondent had produced witness summonses to Authority support staff - Authority declined to issue them - Whether witness summonses should now be issued - Sought to…
Result:: Application declined ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought contribution to total costs of $7,820 - Costs incurred reasonable - Costs of $1,500 awarded
Result:: Costs in favour of respondent ($1,500)

D Asher [Employment Relations Authority - Wellington]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Applicant claimed arrears of wages and holiday pay - Respondent admitted monies due and owing - Respondent's attempt to produce offset claims declined…
Result:: Application granted ; Arrears of wages ($577.50) ; Arrears of holiday pay ($847.70) ; Interest (7 percent) ; Disbursements (filing fee)($70) ; No order for costs

D Asher [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - COMPLIANCE ORDER - Application for compliance order - Application for urgency and abridgement of time - Previous determination found applicant unjustifiably dismissed by first respondent and…
Result:: Application withdrawn ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Parties reached settlement at investigation meeting - Parties requested terms of settlement to be orders of Authority - Terms of settlement resolved employment relationship problem - Order…
Result:: Consent order granted ; Orders accordingly ; No order for costs

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Poor performance - Summary dismissal - Respondent alleged applicant dismissed when failed to operate skidder equipment in safe manner on three occasions in one day - Following…
Result:: Application granted ; Reimbursement of lost wages ($6,960 reduced to $4,176)(13 weeks) ; Compensation for humiliation, etc ($4,000 reduced to $2,400) ; Costs reserved

K Raureti [Employment Relations Authority - Auckland]

Summary:: INTERIM REINSTATEMENT - Relationship between employee and employer's manager director broke down - Employee made disparaging criticisms, derogatory comments and accused managing director of misappropriation of company money - Arguable…
Result:: Application dismissed ; No order for costs

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful dispute proceedings - Applicant sought costs of $960 - Eighty percent as reasonable contribution appropriate - Sought disbursements totaling $2,035 including $1,475 for service of documents, preparation…
Result:: Costs in favour of applicant ($960) ; Disbursements ($836)