Determinations database

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant breached rules of Staff Discount Scheme - Scheme allowed participating employees discounted groceries - Discounts required special card issued in employee's name which…
Result:: Application dismissed ; Costs in favour of respondent ($1,850)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged threats, unwelcome behaviour and stress leading to resignation - Applicant did not raise issue of stress with respondent sufficiently clearly - Another context…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: ARREARS OF HOLIDAY PAY - No appearance by respondent - Alleged failure to pay holiday pay - Monies due and owing - UNJUSTIFIED DISMISSAL - Dismissed over telephone without consultation…
Result:: Application granted ; Arrears of holiday pay ($1,037.96) ; Reimbursement of lost wages ($11,490.80)(4ï¾½ months) ; Compensation for humiliation, etc ($10,000) ; Costs ($3,000) ; Filing fee ($70)

M Urlich [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Alleged sexual harassment - Alleged applicant made sexually offensive comment to co-worker - Suspended on pay during investigation - Process used to implement suspension flawed - Alleged…
Result:: Application granted ; Reinstatement ordered ; Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Accepted proposal for fixed term contract - Dissatisfied with issues in employment relationship including appropriate title for position - Matters discussed in mediation -…
Result:: Application dismissed ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Lengthy delay in respondent filing submissions - 1ï¾½ day investigation meeting - Respondent sought contribution of $7,500-$8,000 towards total costs and disbursements of $11,968…
Result:: No order for costs

V Campbell [Employment Relations Authority - Auckland]

Summary:: ARREARS OF HOLIDAY PAY - Whether two day's pay attributed to annual leave should have been special leave - Applicant suffered ill-health which required regular checkups - Two days taken…
Result:: Application granted ; Orders accordingly ; Penalty ($100)(Crown) ; Disbursements in favour of applicant ($70)(Filing fee)

D King [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - DISPUTE - Interpretation of collective employment agreement - First part of clause stated that if respondent elected to sell or transfer part of business and redundancy situation…
Result:: Application dismissed ; Questions answered in favour of applicants ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Successful personal grievance - Reinstatement order - Parties agreed to reinstate but place applicants on garden leave pending determination of challenge - Partial stay of reinstatement order…
Result:: Consent order granted ; Orders accordingly ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Statement of problem included allegations of breach of good faith during mediation - Whether Authority could investigate events during mediation - Shepherd v Glenview Electrical Services…
Result:: Question answered in favour of respondent ; Costs reserved