Determinations database

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Misconduct - Alleged failure to follow work rules and demonstrated disrespect for supervisor - Respondent's annual fun day - Applicant had agreed with supervisor would travel by…
Result:: Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($6,111.04)(3 months) ; Compensation for humiliation etc ($4,500) ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Supplementary determination - Remedies - Applicant sought wages, holiday pay and commission - No breakdown of sums claimed - Not expected that parties would have any…
Result:: Orders accordingly ; No order for costs

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS - Partially successful claims for monies owing - Applicant's success slight and overwhelmed by degree to which respondent was successful - Respondent sought contribution to costs of $4,000 -…
Result:: Costs in favour of respondent ($4,000)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: COMPLIANCE ORDER - Enforcement of mediated settlement - Respondent failed to comply with settlement - Alleged cancelled settlement since breached by applicant - Shepherd v Glenview Electrical Services (cited below)…
Result:: Application dismissed ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: COSTS - Applicant withdrew claims against second respondent - Second respondent sought $850 contribution to total costs of $3037 - Second respondent director of first respondent - Unnecessary to have…
Result:: Costs in favour of second respondent ($750)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: INJUNCTION - Interim reinstatement - Alleged unjustified dismissal for serious misconduct - Three incidents relied upon for summary dismissal - Criminal charges in 1996 - Conviction for assault in 2001…
Result:: Application dismissed ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Applicant responsible for school productions, newspaper, magazine and website - Had management units in respect of duties - Sick leave due to stress related symptoms - Took…
Result:: Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($10,000) ; Application dismissed (Unjustified dismissal) ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Deterioration of attitude and unwillingness to follow instructions - Applicant on fixed term contract but continued working after end of fixed term - Did not want to…
Result:: Application granted ; Reimbursement of lost wages ($20,706 reduced to $10,353)(3 months) ; Compensation for humiliation etc ($12,000 reduced to $6,000) ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Parties reached settlement at investigation meeting - Terms of settlement to be orders of Authority - Terms of settlement full, final and binding - Order prohibiting publication…
Result:: Consent order granted ; Orders accordingly ; No order for costs

J Wilson [Employment Relations Authority - Auckland]

Summary:: INJUNCTION - Restraint of trade - Whether reasonable and enforceable - Respondent resigned and took up position with competitor - Applicant sought to protect information that had business relationship with…
Result:: Orders accordingly ; Costs reserved