Determinations database

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: COSTS - Successful personal grievance - Contribution of $5,800 sought to total costs of $6,183 - Applicant legally aided - 25 hours preparation time at hourly rate prescribed by Legal…
Result:: Costs in favour of applicant ($1,950) ; Disbursements ($70)(Filing fee)

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Poor performance - Serious misconduct - Alleged failure to follow invoice procedures - Alleged personal use of internet - Alleged failure to take tea breaks at correct…
Result:: Application granted ; Penalty ($1,000)(Payable to Crown) ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: RESTRAINT OF TRADE - Applicant resigned and entered employment with competitor - Expressly prohibited by restraint of trade provisions in employment agreement - Whether restraint of trade enforceable - No…
Result:: Applications granted ; Costs in favour of applicant ($1,800)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Alleged non-payment of wages and commissions - Respondent admitted commission payments due - Applicant could not claim for wages after termination date - Wages claim withdrawn…
Result:: Application granted ; Arrears of wages ($9,796.76) ; Costs in favour of applicant ($70)(Filing fee)

G J Wood [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Parties reached settlement on terms of agreement - Respondent to pay applicant sum of money in full and final settlement of employment relationship problem - Payment by…
Result:: Consent order granted ; Orders accordingly ; No order for costs

P R Stapp [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Respondent consented to removal - Matter had lengthy history - Parties had previously attended mediation - Further…
Result:: Application granted ; Proceedings removed to Employment Court ; No order for costs

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: COSTS - Successful claim by applicant for monies owed - Unsuccessful counterclaim by respondent for arrears of wages - Mostly unsuccessful challenge by respondent to Employment Court - Respondent objected…
Result:: Costs in favour of respondent ($5,800)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: COMPLIANCE ORDER - Application lodged for compliance with remedies determination, costs determination and interest - Interest only remaining issue - Order for interest on remedies determination - Whether costs award…
Result:: Interest on remedies determination (8 percent) ; Costs in favour of applicant ($370)

V Campbell [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Compliance with variation to employment agreement sought - Whether valid variation to employment agreement - Intention of respondent's board of director's to remove applicant from position -…
Result:: Application Granted (Compliance order) ; Application dismissed (Counter-claim) ; Compliance ordered ; Orders accordingly ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: INJUNCTION - Application for interim injunctions - Applicant newspaper and magazine publisher - First respondent employed by applicant as editor - First respondent commenced employment with second respondent as assistant…
Result:: Application dismissed ; Costs reserved