Determinations database

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Harassment - Applicant's management style intense and intimidating - Deteriorating relationships with certain female employees - Employees reduced to tears on several occasions -…
Result:: Applications dismissed ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - No objection by respondent to removal - Alleged novel question of law - Application satisfied requirements of…
Result:: Application granted ; Proceedings removed to Employment Court ; No order for costs

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Respondent underwent extensive restructuring - Performance concerns - Two warnings given - Parties agreed to work through outstanding issues" without threat of disciplinary action - Further concerns…
Result:: Application granted ; Reimbursement of lost wages (6 months reduced by 50 percent) ; Holiday pay in relation to lost wages (quantum to be determined by parties) ; Compensation for humiliation etc ($18,000 reduced to $9,000) ; Orders accordingly ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Application for adjournment by respondent - Applicant alleged respondent in breach of settlement order and sought either Authority hear case as though no settlement agreement or…
Result:: Application for adjournment granted ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful grievance but monies owing to applicant - ï¾½ day investigation meeting - Respondent sought contribution to total costs of $4,550 - Preparation limited - Neither party blameless…
Result:: Costs in favour of respondent ($750)

L Robinson [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Applicant failed to return to work after found in unauthorised possession of property from worksite - Respondent deducted one week's pay from final wages for failure…
Result:: Application dismissed (Arrears and compensation) ; Application granted (Penalty) ; Penalty awarded ($500)($250 in favour of applicant ; $250 in favour of Crown) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee)

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Alleged duties unilaterally removed when new manager appointed - Other concerns including allegedly unfair performance assessments, forced into bonding arrangement for study, appointment of new manager unfair…
Result:: Application granted ; Compensation for humiliation etc ($5,000) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Failure to disclose previous employer on curriculum vitae - Alleged deliberate misrepresentation - Failure to follow company procedure when completing customer documentation for equipment…
Result:: Application granted ; Reimbursement of lost wages ($24,853.50)(3.5 months) ; Compensation for humiliation etc ($8,000) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE – Application for removal to Employment Court – Enforcement of mediated settlement – Alleged that during disciplinary investigation initiated by respondent an investigator engaged by respondent referred…
Result:: Application granted ; Proceedings removed to Employment Court ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: BARGAINING - BREACH OF GOOD FAITH - Bargaining between second applicant union and respondent – Union alleged breach of duty of good faith by seeking to undermine union membership and…
Result:: Declaration of breach of good faith made ; Application dismissed (Unjustified disadvantage) ; Costs reserved