Determinations database

H Doyle [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Identity of employer - Employer was company rather than individual - Monies due and owing to both applicants - Interest owing on amounts…
Result:: Applications granted ; Arrears of wages ($4,544)(JH) ; Interest (7 percent) ; ($2,376)(Interest 7 percent) ; No order for costs ; Disbursements ($70)(Filing fee)

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Performance issues initially addressed informally - Competency procedure initiated while applicant on leave - Alleged failure to comply with employment agreement - Competency procedure not in nature…
Result:: Applications dismissed ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - 1 day investigation meeting - Respondent sought total costs of $11,818. 48 - Calderbank offer of $14,855.
Result:: Costs in favour of respondent ($1,200)

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: COSTS - Unsuccessful personal grievance - Respondent sought contribution of $2,500 to total costs of $3,750 - Alleged higher costs should have been awarded because grievance required additional research relating…
Result:: Costs in favour of respondent ($800)

A Dumbleton [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Whether constructive dismissal - Alleged breach of trust and confidence - Name calling - Proprietor called applicant Nigel" which was not applicant's name, "thick" and "thick O"…
Result:: Application dismissed ; Costs in favour of respondent ($750)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Discharge of interim order - Authority had ordered respondent to recommence paying salary to applicant - Subsequent mediation resolved employment relationship problems - Parties asked for…
Result:: Application granted ; Interim order discharged ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Whether dismissal - Whether constructive dismissal - Unsatisfactory management standards during course of employment - Manager's employment terminated - In conversation where applicant raised concerns about position…
Result:: Application dismissed (Unjustified dismissal) ; Application granted (Arrears) ; Arrears of wages ($625) ; Arrears of holiday pay ($550.86) ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Severe problems with farm during applicant's first three months as manager - Performance issues raised informally - Demotion offered as condition of continuing employment - Applicant resigned…
Result:: Application granted ; Reimbursement of lost wages ($10,513 reduced to $6,833.45)(4 weeks full salary plus 8 months partial salary) ; Compensation for humiliation etc ($10,000 reduced to $6,500) ; Other monies ($300) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - No appearance for respondent - Work site significant commute from nearest town - Applicant absent from work for one day after request for leave neither granted nor…
Result:: Application dismissed ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: RECOVERY OF MONIES - Alleged overpayment of wages - Monies due and owing - Respondent not protected from obligation to repay by s6 Wages Protection Act 1983 or s94B Judicature…
Result:: Application granted ; Repayment of monies ($1,185.79) ; Costs in favour of applicant ($70)