Determinations database

K Raureti [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Alleged applicant was offered management position at backpackers which included accommodation - Alleged six days later she was summarily dismissed - Respondent alleged applicant never employed but…
Result:: Application granted ; Arrears of wages and holiday pay (6 days)($254.48) ; Reimbursement of lost wages (2 weeks)($952) ; Compensation for humiliation, etc ($1,500) ; Costs to lie where they fall ; Filing fee ($70)

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - Two hour investigation meeting - Sought contribution of $1,500 to total costs - Alleged applicant incurred additional costs because of respondent's failures and delays…
Result:: Costs in favour of applicant ($800) ; Disbursements ($70)(Filing fee)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Less than one day investigation meeting - Respondent sought contribution of $5,600 being 66 percent of its actual legal costs - Costs reasonably incurred…
Result:: Costs in favour of respondent ($4,000)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: COSTS - Unsuccessful application for interim reinstatement - Respondent sought full costs of $4,008 - Appropriate to decide costs for interim determination prior to substantive investigation meeting - Respondent put…
Result:: Costs in favour of respondent ($1,408)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged was promised exclusive use of vehicle for work and personal use - Only shared vehicle available which was unsuitable for long distance…
Result:: Application dismissed (unjustified dismissal) ; Application granted (unjustified disadvantage) ; Compensation for humiliation, etc ($5,000) ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - No appearance by respondent - Constructive dismissal - Failure to pay wages due - Classic case of resignation caused by breach of duty - Dismissal unjustified -…
Result:: Application granted ; Reimbursement of lost wages (7 weeks)($3,920) ; Compensation for humiliation, etc ($2,500) ; Arrears of wages and holiday pay ($1,636.83) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Suspension - Two suspensions - No provision in employment agreement for suspension - Suspension on pay to investigate allegation applicant had met with former employee setting up…
Result:: Application granted (Unjustified disadvantage) ; Application dismissed (Unjustified dismissal) ; Application granted (Breach of contract) ; Reimbursement of lost wages (From last date paid to date of resignation) ; Compensation for humiliation, etc ($1,000) ; Penalty in favour of Crown ($500) ; Costs reserved

L Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Restructuring proposal made significant changes to applicant's role which created new position - Affected employees applied for new positions created - Applicant incorrectly assessed for…
Result:: Application dismissed ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Interpretation of collective employment agreement - CA stated upon completion of 10 years continuous service employee's annual leave entitlement to increase to 4 weeks - Applicant argued employees…
Result:: Question answered in favour of applicant ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - Less than ï¾½ day investigation meeting - Applicant received modest remedies - Alleged actual costs incurred amounted to $2,910 - No jurisdiction to award…
Result:: Costs in favour of applicant ($500) ; Filing fee ($70)