Determinations database

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Applicant failed to attend part of staff development day despite specific instruction from respondent - Complaints from applicant's managers concerning matter - Meeting called to address complaints…
Result:: Applications dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Relationship problems between applicant and consultant prompted aggressive email from manager - Applicant instructed to leave office after calmly explaining concerns about manager's email…
Result:: Applications granted ; Reimbursement of lost wages ($11,582.60)(5 months 10 days) ; Lost benefit ($3,500)(Motor vehicle) ; Compensation for humiliation etc ($8,000) ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Applicant on Canadian working holiday permit - Conditions that could not work for same employer for more than three months and must not undertake permanent employment unless…
Result:: Application granted ; Arrears of wages ($153.43) ; Arrears of holiday pay ($9.21) ; Reimbursement of lost wages ($2,307.69)(3 months) ; Compensation for humiliation etc ($3,500) ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Respondent faced major difficulties - Number of children in applicant's class sometimes as few as one - Decision made to dismiss applicant - No…
Result:: Application granted ; Reimbursement of lost wages ($7,429.45)(10 weeks) ; Compensation for humiliation etc ($4,000) ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Fixed-term agreement - Applicant employed to cover maternity leave - Decided to make applicant's position redundant - Told applicant position would be disestablished - Applicant sought legal…
Result:: Application dismissed ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Applicants alleged wages due and owing - Respondent ceased operations and were possibly facing insolvency - Respondent's stated intention to finish outstanding contracts and use monies…
Result:: Application for adjournment granted ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Alleged unjustified dismissal and/or unjustified action - Also sought penalty for failure to provide written employment agreement - Respondents ceased operations and were possibly facing insolvency…
Result:: Application adjourned ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Joint application for removal to Court - Alleged unjustified warning and unjustified dismissal - Applicant had propensity for migraines - Sick leave - Respondent visited applicant's…
Result:: Application granted ; Matter removed to Employment Court ; Costs reserved

A Dumbleton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Whether redundancy genuine and procedurally justified - Respondent's restructuring was reaction to commercial imperatives - Did not seize upon redundancy as opportunity to remove applicant…
Result:: Application dismissed ; Disbursements in favour of respondent ($591)(air travel)

L Robinson [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application to strike out statement in reply - JCL and JCSL companies incorporated on same date with same registered address and directors - Application filed on…
Result:: Application dismissed ; No order for costs