Determinations database

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE - Applicant employed in permanent part time position - Initial agreement for increased hours reviewable" after six months - Applicant resigned following meetings to address concerns about hours…
Result:: Application granted (Unjustified disadvantage) ; Applications dismissed (Discrimination and unjustified dismissal) ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($12,000) ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Confusion whether respondent had agreed to shorten winter hours of work from nine to eight hours - No written variation of employment agreement -…
Result:: Application dismissed ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Remedies - Both applicants withdrew claims for reinstatement - First applicant entitled to reimbursement of lost wages plus $9,000 compensation for humiliation etc - No contributory…
Result:: Reimbursement of lost wages ($3,096)(GF)(10 weeks) ; ($5,980 reduced to $4,784 )(GM) ; Compensation for humiliation etc ($9,000)(GF) ; ($9,000 reduced to $7,200)(GM) ; Costs in favour of applicants ($2,000)

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - No appearance for respondent - Alleged failure to pay wages owing upon resignation - Applicant failed to provide evidence of amount owing despite request by Authority…
Result:: Application dismissed ; No order for costs

K Raureti [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Respondent told applicant and co-workers that one of them had to work as farm labourer for rest of week - Told one of them had to go…
Result:: Application granted ; Compensation for humiliation etc ($500) ; Arrears of wages ($390) ; Arrears of holiday pay ($72.30) ; Costs to lie where they fall ; Disbursements in favour of applicant ($70)(Filing fee)

D King [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Applicant resigned - Alleged respondent owed him one month's notice pursuant to employment agreement - No discussion about giving notice - No commitment to pay from…
Result:: Application dismissed ; No order for costs

V Campbell [Employment Relations Authority - Auckland]

Summary:: COSTS - First applicant's personal grievance unsuccessful but second applicant's personal grievance successful - Calderbank offer made by respondent - Second applicant received more by not accepting Calderbank offer though…
Result:: Costs to lie where they fall

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Identity of employer - Respondent alleged another company (CSL") employed applicant - Written employment agreement between applicant and respondent conditional on respondent issuing capital…
Result:: Application granted ; Reimbursement of lost wages ($9,166.67)(2 months) ; Compensation for humiliation etc ($3,000) ; Arrears of wages ($7,403.85)(7 weeks) ; No order for costs ; Disbursements (Filing fee)($70)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Interpretation of collective agreement - Disagreement over interpretation of clause causing impasse in collective bargaining - Matter…
Result:: Application dismissed ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application by respondent for leave to file statement in reply out of time - No response to any communications from applicant or Authority until one day…