Determinations database

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE - Applicant responsible for inadequate quality control of catch of fish - Disciplinary process resulted in final written warning - Defendant failed to discuss view that applicant's drinking…
Result:: Applications granted ; Compensation for humiliation etc ($500)(Unjustified disadvantage) ; ($7,500 reduced to $5,000)(Unjustified dismissal) ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant's team discovered cannabis while executing unrelated search warrant - Matter not referred to Police - Applicant dismissed following investigation - Contractual disciplinary procedure…
Result:: Application granted ; Reinstatement ordered ; Reimbursement of lost wages (Quantum to be determined)(14 weeks) ; Compensation for humiliation etc ($10,000) ; Orders accordingly ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - No written employment agreement - Complaint about position and hours of work - Parties reached settlement at investigation meeting - Terms of settlement to be orders of…
Result:: Consent order granted ; Orders accordingly ; No order for costs

K Raureti [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Alleged non-compliance with mediated settlement - Failure to pay agreed sum - Respondent admitted failure to comply - Alleged financial difficulties prevented payment by required date -…
Result:: Compliance ordered ; Orders accordingly ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Poor performance - Employed initially on trial period then reconfirmed in permanent position - Admitted poor performance - Numerous informal discussions - Dismissal procedurally unfair and substantively…
Result:: Application granted ; Arrears of wages ($330) ; Arrears of holiday pay ($39.45) ; Compensation for humiliation etc ($1,500) ; Compensation for unfair bargaining ($1,000) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: JURISDICTION - Employment agreement specified procedures for resolving disputes by mediation and arbitration - Whether Authority had jurisdiction to resolve dispute about application of employment agreement - Sections 155(3), 161(1)…
Result:: Question answered in favour of applicant ; Orders accordingly ; Costs reserved

J Scott [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Applicant sought compliance with mediated settlement - Respondent deducted alleged overpayment of salary from amount agreed in settlement - Not entitled to deduct monies from settlement sum…
Result:: Application granted ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Applicants sought determination that entitled to arrears for special or sick leave permitted by statute prior to specified date - Whether barred by settlement - Purpose…
Result:: Question answered in favour of applicants ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether dismissal - Respondent operated care facilities - Employed as caregiver and boarded at director's home - Disagreement regarding treatment plan relating to particular patient - Meeting…
Result:: Application dismissed ; Penalty ($1,000)(Payable to Crown) ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Company restructured while applicant on parental leave - Applicant's position disestablished - Applicant not selected for remaining positions - Decision on applicant's future with defendant reserved until…
Result:: Application dismissed ; Costs reserved