Determinations database

V Campbell [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Less than one day investigation meeting - Respondent sought contribution of $4,913 to actual costs of $7,445 - Costs figure included amount for legal…
Result:: Costs in favour of respondent ($1,000)

J Wilson [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful dispute proceedings - Respondent had 21 days to file application for costs - Application filed eight days late - Respondent sought $4,175 contribution to costs in excess…
Result:: Costs to lie where they fall

G J Wood [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Joint application for removal of proceedings to Employment Court - Interpretation and operation of collective agreement - Urgency requested - Services restructured by disestablishing information officer…
Result:: Application granted ; Matter removed to Employment Court

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Two positive drug tests within 12 month period - Drug and alcohol policy had been introduced - Applicant worked in safety sensitive area - Signed acknowledgement that…
Result:: Application dismissed ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Alleged failure to provide staff with uniform or clothing allowance - Whether alleged failure to provide uniforms amounted to direction to wear civilian clothing - Procedure relied on…
Result:: Questions answered accordingly ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Agreement reached concerning alteration of applicant's rostered hours of work - Respondent denied agreement and initiated further changes - Informal consultation - Original rostered hours of work…
Result:: Application dismissed (Declaration of hours of work) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($1,000) ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Misconduct - Attendance problems and trouble relating to other staff - Formal warning issued following lengthy absence for mental health reasons - Possibility of future dismissal raised…
Result:: Application dismissed (Unjustified dismissal) ; Application granted (Arrears of holiday pay) ; Arrears of holiday pay ($2,988.23) ; Other monies ($480) ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Alleged owed $6,087 wages by respondent - No appearance by respondent - Monies due and owing - Interest on amount 5. 5 percent
Result:: Arrears of wages ($6,087) ; Interest (5.5 percent) ; Disbursements in favour of applicant ($70)(Filing fee)

J Scott [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Applicant employed by respondent contract milkers - Warned about performance issues and threatening behaviour towards respondents and co-worker - Two week time limit for improvement - Applicant…
Result:: Application granted ; Reimbursement of lost wages ($7,006.12 reduced to $3,503.06)(11 weeks) ; Compensation for humiliation etc ($1,000 reduced to $500) ; No order for costs ; Disbursements in favour of applicant ($70)

M Urlich [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Respondents in financial difficulties - Applicant received no wages for two pay periods prior to resignation - Employed by third respondent - No…
Result:: Application granted ; Arrears of wages ($3,230.77)(4 weeks) ; Arrears of holiday pay (To be calculated) ; Orders accordingly ; No order for costs ; Disbursements in favour of applicant ($70)