Determinations database

R A Monaghan [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Application to reopen investigation - Authority determined applicants rather than company were employer and respondent had been unjustifiably dismissed - No appearance by applicants at investigation…
Result:: Application granted in part ; Orders accordingly ; Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: INJUNCTION - Interim reinstatement - Applicant's position made redundant after restructuring - Alleged under collective agreement applicant entitled to be directly appointed to closest newly created vacant position in terms…
Result:: Application dismissed; No order for costs

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for certificate of determination - Previous determination did not quantify amount of outstanding commission - Parties could not agree - Unable to issue certificate of…
Result:: Application dismissed (certificate of determination) ; Arrears of wages ($8,683.63) ; Arrears of holiday pay ($521.02) ; Interest (6.7 percent) ; No order for costs

H Doyle [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES - Applicant initially alleged was owed unpaid salary of $48,000 - Subsequently alleged was owed $96,880 - Claim based on Inland Revenue Department records - Respondent accepted…
Result:: Application granted ; Arrears of wages ($48,000) ; Interest (7 percent) ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Applicant sought payment of contribution respondent made into superannuation scheme - Alleged respondent's owner told applicant if he left employment with respondent on mutual terms he would receive…
Result:: Application dismissed ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: JURISDICTION - Alleged respondent had voluntarily ceded to an incorporation within terms of but not under Te Ture Whenua Maori Act 1993 - Alleged Authority had no jurisdiction as Whangarei…
Result:: Application granted ; Reimbursement of lost wages (3 months)(per applicant) ; Compensation for humiliation, etc ($6,000)(per applicant) ; Filing fee ($70) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Parties requested investigation be vacated - By consent parties agreed to resolve matter following Maori protocol and tikanga on marae in whanau forum - Application withdrawn…
Result:: Application withdrawn ; No order for costs

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Inmate found dead in cell while applicant was on-call manager - Inmate on 30 minute observations but according to policy and procedure manual should…
Result:: Application granted ; Reinstatement ordered ; Reimbursement of lost wages (Quantum to be determined by parties)(3 months 12 days) ; Compensation for humiliation, etc ($15,000) ; Non-publication order ; Costs reserved

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

G J Wood [Employment Relations Authority - Wellington]

Summary:: COSTS - Successful personal grievance and unsuccessful counterclaims - Applicant sought contribution of $33,500 to actual costs of $46,050 - Relied on Calderbank type offer - Regard not had to…
Result:: Costs in favour of applicant ($12,320) ; Disbursements ($750)