Determinations database

M Urlich [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant failed to follow cash handling procedure and account for money collected from customer - Lied to team leader - Requested customer to lie…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - Plaintiff resigned without notice - Arrears due and owing - Deduction for previous payment by respondent - Interest…
Result:: Application granted ; Arrears of wages ($308) ; Arrears of holiday pay ($1311.92) ; Deduction for payment already made ($391.62) ; Interest (6 percent) ; Penalty ($1,000)(Payable to Crown) ; No order for costs ; Disbursements in favour of applicant ($70)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement during mediation - Terms included respondent's consent to particular orders by Authority - Injunctions issued restraining respondents until certain dates…
Result:: Consent order granted ; Orders accordingly ; No order for costs

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Application for leave to bring personal grievance out of time - Relied on s115(c) Employment Relations Act 2000 and respondent's failure to provide written employment agreement…
Result:: Application dismissed ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Applicant frustrated over disorganised working conditions - Dismissed following altercation with manager over late payment of wages - Alleged applicant spoke to supplier and company in charge…
Result:: Applications granted (Unjustified dismissal and arrears of holiday pay) ; Application dismissed (Arrears of wages) ; Reimbursement of lost wages ($6,669 reduced to $4,668.30)(13 weeks) ; Compensation for humiliation etc ($10,000 reduced to $7,000) ; Arrears of holiday pay ($210) ; Costs reserved

J Wilson [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Strike out application by respondent - Unjustified dismissal - Whether purported settlement barred applicant from bringing grievance - Applicant's solicitor communicated minimum settlement amount - Defendant…
Result:: Application granted ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Applicant resigned as agreed under settlement of employment relationship problem - Respondent failed to pay $4,000 compensation for humiliation owed under settlement - Alleged coerced to sign…
Result:: Application granted ; Compliance ordered ; Interest (8.25 percent) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee)

R A Monaghan [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Identity of employer - Unjustified dismissal claim - Applicant discontinued claim against second respondent upon learning of poor financial standing - First respondent transferred employment role…
Result:: Identity of employer determined ; Orders accordingly ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Applicant allegedly forced into settlement of employment relationship problem - Employment ended three months later as agreed in settlement - Applicant actively represented by experienced legal counsel…
Result:: Application dismissed ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Applicant failed to comply with direction to mediation - Further direction and warning matter would be withdrawn if failed to comply with further direction - Non-compliance…
Result:: Proceedings withdrawn ; Costs reserved