Determinations database

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful claim for unjustified disadvantage but unsuccessful claim for unjustified dismissal and penalty - Investigation meeting 1 day - Applicant sought costs of $5,280 - Not overly complex…
Result:: Costs in favour of applicant $800

M Urlich [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Respondent agreed to investigation meeting proceeding despite not being served with notice of investigation meeting - Applicants engaged to prune kiwifruit trees for respondent - Respondent…
Result:: Application granted ; Arrears of wages ($540)

L Robinson [Employment Relations Authority - Auckland]

Summary:: BREACH OF CONTRACT - Applicant sought damages for breach of restraint of trade clause - Alleged respondent provided services to key client immediately after resignation - No breach of clause…
Result:: Application dismissed (Breach of contract and penalty actions) ; Application granted (Other monies owing)($5,586)(Airfares) ; ($5,000)(Loan advances) ; ($804.75)(Overpayment of wages) ; Counterclaim granted (Arrears of wages)($428.15) ; Arrears of holiday pay ($7,118.35)

K Raureti [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Whether applicant employee - Respondent allowed applicant to use yard for private business after applicant's business went into liquidation - Also performed various functions and…
Result:: Application granted ; Respondent to pay applicant $200 to resolve employment relationship problem ($5,000 compensation, plus $2,400 reimbursement of lost wages, less $7,200) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for removal to Employment Court - Respondent opposed application - Alleged question of law arose other than incidentally - Whether term should have been implied…
Result:: Application dismissed ; No order for costs

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - 2ï¾½ day investigation meeting - Respondent sought award of $5,000 costs to actual costs of more than $12,000 - Contribution of $5,000 in…
Result:: Costs in favour of respondent ($5,000)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Trainee reporter and researcher for television programme - Programme made under contract between respondent and Television New Zealand (TVNZ") - Applicant and partner followed…
Result:: Application dismissed ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: INTERIM REINSTATEMENT - Alleged constructive or summary dismissal - Applicant sent email to staff telling them to make up data for log - Whether applicant meant for staff to fabricate…
Result:: Interim reinstatement ordered ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: COSTS - No appearance by applicant - Unsuccessful personal grievance - One day investigation meeting - Respondent's actual costs $4,008 - Sought contribution of $1,500 which it understood was Authority's…
Result:: Costs in favour of respondent ($1,500)

M Urlich [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Five hour investigation meeting - Respondent sought 33 percent of costs incurred of $20,460 - Respondent entitled to reasonable contribution of $1,700
Result:: Costs in favour of respondent ($1,700)