Determinations database

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: COMPLIANCE ORDER - Union organiser approached staff at workstations in open-plan area - Alleged disruption to service delivery - Applicant sought compliance orders to clarify rights of entry by union…
Result:: Application dismissed ; Costs reserved

J Wilson [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES - Applicant employed in family business - Business bought by respondent - Offered employment “on same terms and conditions” - Alleged previous conditions of employment included full…
Result:: Application granted in part ; Arrears of wages ($3146)(Loyalty bonus) ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Whether employee or independent contractor - Paid according to invoices submitted by applicant - Withholding tax deducted by respondent - Tools provided by respondent - Close…
Result:: Application granted ; Counterclaim dismissed ; Arrears of wages ($979) ; Interest (7.5%) ; Disbursements in favour of applicant ($70)(Filing fee)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Applicant made redundant four months after employment began - Some poor performance issues raised during employment - Respondent under financial pressure - Nothing to indicate…
Result:: Applications dismissed ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant refused to accept further assignments from respondent after trucking accident - Alleged failure to maintain truck in safe condition - Alleged failure to…
Result:: Application dismissed ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - Four day investigation meeting - Applicant sought full indemnity for total costs of $35,462 - Not appropriate to award costs on indemnity basis -…
Result:: Costs in favour of applicant ($10,000) ; Disbursements ($1,026)

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant moved from existing role with respondent to new fixed-term role at higher salary - Applicant initiated return to old role - Expectation by…
Result:: Application dismissed ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: ARREARS OF HOLIDAY PAY - Employee made redundant due to sale of business - Respondent refused to pay alleged arrears of holiday pay - Employee's evidence preferred - Annual leave…
Result:: Application granted (Arrears of holiday pay) ; Arrears of holiday pay ($13,291.67) ; Interest (7.5%) ; Application granted in part (Counterclaim) ; Other monies ($82.62)(Personal postage) ; Filing fee in favour of applicant ($70) ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for disqualification of counsel - Conflict of interest - Applicant's counsel provided advice to respondent's Australian sister and parent companies - Applicant was prior client…
Result:: Application dismissed ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Application for compliance with Authority determination ordering respondent to pay arrears of wages, interest, and filing fee - No appearance for respondent but fax sent hour before…
Result:: Compliance order granted but suspended ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee)