Determinations database

D Asher [Employment Relations Authority - Wellington]

Summary:: JURISDICTION - Whether employee or independent contractor - No written employment agreement produced - Not possible to establish parties' common intention - Applicant intended to be employee - Control, integration…
Result:: Application granted ; Reimbursement for lost wages ($6,374.46)(12 weeks) ; Compensation for humiliation, etc ($6,000) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Unjustified dismissal, arrears of wages and holiday pay claims - No appearance for respondent or applicant - Authority suggested applicant get written statement sworn or affirmed…
Result:: Investigation abandoned ; Orders accordingly ; No order for costs

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - No appearance for respondent - Direction that correct identity of respondent be recorded - Genuine redundancy - Process of consultation adequate in circumstances - No…
Result:: Application dismissed ; No order for costs

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Applicant to pay respondent $1,406 less tax…
Result:: Consent order granted ; Orders accordingly ; No order for costs

K J Anderson [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Application of collective employment agreement - Some employees worked shift work during production period of year but regular day work during off-season - Shift workers received paid meal…
Result:: Application dismissed ; Question answered in favour of respondent ; Costs reserved

J Scott [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Applicant legally aided until end of investigation meeting - To that extent costs limited to legal aid contribution - Costs incurred by respondent after…
Result:: Costs in favour of applicant ($500)

R A Monaghan [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged misrepresentation - Alleged unfit for position - Applicant required to hold valid manager's certificate - Not informed of requirement when hired - Did…
Result:: Application granted ; (Reimbursement of lost wages ($864)(12 weeks) ; Compensation for humiliation etc ($4,000) ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Alleged need to restructure three related companies to increase profitability - Two month consultation process - Applicant's sales position made redundant - Offer of new…
Result:: Application dismissed (Applicant) ; Application granted (Respondent) ; Other monies in favour of respondent ($2,274.84) ; Costs reserved

J Scott [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Dispute regarding provisions of Holidays Act 2003 and public holiday provisions of collective agreement - Alleged non-payment…
Result:: Application granted ; Proceedings removed to Employment Court ; No order for costs

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Authority had previously dismissed applicant's personal grievance but confirmed he was entitled to two weeks' pay in lieu of notice - Sought further information from respondent…
Result:: Arrears of wages ($3,846.14) ; No order for costs