Determinations database

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: DISPUTE - Interpretation of collective agreement - Employment of Part Time Relief Pool"(PRPs) - Parties signed memorandum of understanding that included agreement about part time staff - Memorandum provided for…
Result:: Question answered ; Declaration accordingly ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: DISPUTE - Applicant made redundant - Issue over payment of redundancy compensation - Compensation provided for in employment agreement - Interpretation of agreement - Respondent alleged endeavoured to reach agreement…
Result:: Question answered in favour of applicant ; Redundancy compensation (Quantum to be determined by parties) ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Rules of respondent referred to employment relationship with applicant - Change of rules deleted all reference to…
Result:: Application dismissed ; No order for costs

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Compliance with mediated settlement sought - Compliance order appropriate - Order to be adhered to before specified date
Result:: Compliance order granted ; No order for costs

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Applicant employed with no guarantee of continued employment after peak season - No written employment agreement - Dismissed unexpectedly - Dismissal actual not constructive - Employment agreement…
Result:: Application granted (Unjustified dismissal) ; Application dismissed (Arrears of wages) ; Reimbursement of lost wages ($7,150)(10 weeks) ; Compensation for humiliation etc ($4,000)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: COSTS - Partially successful personal grievance - One day investigation meeting - Reasonable contribution sought to total costs of $10,364 - Reasonable contribution and disbursements awarded
Result:: Costs in favour of applicant ($2,500) ; Disbursements ($200)

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant attempted to facilitate sale and purchase of peak notes" - Sought commission payment from potential purchaser - Company policy to minimise intervention in…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISADVANTAGE - Suspension - Employee G"s radio fell to ground shortly after applicant complained about it - Applicant alleged G walked past and elbowed him in back - Applicant…
Result:: Application granted ; Reinstatement ; Reimbursement of lost wages (Quantum to be determined by parties)(5 months 2 weeks) ; Compensation for humiliation, etc ($10,000) ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant accepted position to run restaurant and do other duties as live-in at respondent's Motor Inn - Unable to move into accommodation immediately -…
Result:: Application granted ; Reimbursement of lost wages ($6,402.12)(3 months) ; Interest (7.5 percent) ; Compensation for humiliation etc ($8,000) ; Arrears of wages ($634.61)(5 days) ; Reimbursement of lost benefit (Quantum to be determined by parties)(Accommodation) ; Other monies (Quantum to be determined)(5 weeks accommodation) ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Application for redundancy compensation - Eighteen years employment with respondent - Two separate periods of parental leave with period of part-time work prior to second leave - Made…
Result:: Application granted ; Shortfall in redundancy compensation ($18,342.13 net) ; Interest (7.5%) ; Costs reserved