Determinations database

J Scott [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Two day investigation meeting - Contribution of $21,878 plus disbursements of $3001 sought to total costs - Higher than usual cost justified - Applicant…
Result:: Costs in favour of respondent ($6,000) ; Disbursements ($3001.21)

J Scott [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful jurisdiction claim - Full indemnity costs of $23,203 plus disbursements of $945 sought - Costs reduced as claim dealt with on papers - Amount sought out of…
Result:: Costs in favour of respondent ($750) ; Disbursements ($250)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: JURISDICTION - Whether independent contractor or employee - Application for arrears of wages - Respondent argued applicant an independent contractor - Guaranteed income of $200 a day for first 6…
Result:: Application dismissed ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine - Alleged dismissed for performance reasons not redundancy - Whether adequate consultation - Respondent in dire financial situation - Decision to halve employee…
Result:: Application dismissed ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Final written warning - Applicant was union delegate - Respondent and union organised meeting to discuss proposal for new incentive scheme - Respondent decided only one…
Result:: Application granted (unjustified disadvantage) ; Application dismissed (breach of contract) ; Removal of warning from file ; Arrears of wages ; Compensation for humiliation, etc ($5,000 reduced to $2,500); Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: COSTS - Applicant withdrew application before investigation meeting - Respondent sought costs of $1,024 inclusive of GST - Applicant alleged was unhappy representative had withdrawn problem and alleged she was…
Result:: Costs in favour of respondent ($340)

J Wilson [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance but contributory conduct 50 percent - One day investigation meeting - Applicant sought costs of $5,280 - Fact that applicant represented by her union did…
Result:: Costs in favour of applicant ($1,200)

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant allegedly threw can of CRC at co-worker - Disciplinary meeting and applicant put on notice that employment might be terminated - Respondent interviewed…
Result:: Application granted ; Reimbursement of lost wages ($3,531.89 reduced to $1,765.95)(3 months) ; Compensation for humiliation etc ($4,000 reduced to $2,000) ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether constructive dismissal or abandonment of employment - Applicant recruited from overseas - Whether respondent agreed to pay for accommodation - Applicant had concerns with state of…
Result:: Application granted ; Reimbursement of lost wages (Quantum to be determined)(4 months) ; Compensation for humiliation etc ($3,000) ; Costs reserved

L Robinson [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 in respect of all employment related…
Result:: Consent order granted ; Orders accordingly ; No order for costs