Determinations database

K J Anderson [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Supplementary determination - Two further matters for consideration - Entitlement to payment in lieu of working public holidays - Applicant failed to file further submissions -…
Result:: Application granted (Counterclaim) ; Other monies ($405)(Notice period) ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - Applicant sought order for full solicitor client costs of $5,926 - Nothing exceptional about matter which warranted such order - Respondent's submission that $2,000…
Result:: Costs in favour of applicant ($2,000)

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful application for leave to raise grievance out of time - Investigation meeting ï¾½ day - Respondent sought contribution of $2,000 - Unusual amount of preparation required…
Result:: Costs in favour of respondent ($1,500)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: BREACH OF CONTRACT - UNJUSTIFIED DISADVANTAGE - Whether lawful to require applicant to take and respond to calls outside normal hours - Whether action breached obligation to maintain safe workplace…
Result:: Application dismissed (Breach of contract) ; Application reserved (Unjustified disadvantage) ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Contribution of $1,500 sought to total costs of $6,500 - Reasonable contribution appropriate
Result:: Costs in favour of respondent ($1,500)

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Applicant threatened and intimidated co-worker and supervisor on two separate occasions - Dismissed following disciplinary process - Behaviour breached rules of personal conduct in employment agreement -…
Result:: Application dismissed ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Poor performance - Summary dismissal - Whether dismissal justified - Applicant recruited from United Kingdom - Required training - Respondent concerned about progress -…
Result:: Application granted ; Compensation for humiliation, etc ($9,000 reduced to $6,000) ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: ARREARS OF HOLIDAY PAY - No appearance for respondent - Application to recover holiday pay owing to two employees - Respondent agreed that monies would be paid - Statement of…
Result:: Application granted ; Arrears of holiday pay ($1,192) ; Interest (6.5 percent) ; Penalty in favour of Crown ($1,000) ; Filing fee ($70)

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Whether procedurally fair and substantially justified - Non-delivery of mail - Second time within a week - Customer complaints about mail fallen out of…
Result:: Application dismissed ; Costs reserved

K Raureti [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Terms of settlement in respect of all…
Result:: Consent order granted ; Orders accordingly ; No order for costs