Determinations database

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Procedural fairness - Applicant's position made redundant due to re-organisation - Collective employment agreement provided for redeployment and re-employment - Argued respondent failed to…
Result:: Application dismissed ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Interpretation of salary provision - Whether clause in agreements entitled applicants to $2,000 salary increase every year or one off payment - Clause stated a salary increase of…
Result:: Question answered in favour ; Arrears of wages (Quantum to be determined) ; Interest (7.5 percent) ; Orders accordingly ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: DISPUTE - Whether termination of employment by reason of early retirement and/or redundancy - Closure of vegetable line where second, third and fourth applicants worked - Offered jobs in different…
Result:: Questions answered ; Compliance order granted ; Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: COSTS - Successful personal grievance but remedies reduced for contributory conduct - Unable to award costs incurred in mediation setting - Respondent too pay contribution of $1,650 plus GST and…
Result:: Costs in favour of applicant ($1,650) ; Disbursements ($116)

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: COSTS - Unsuccessful personal grievance - 1ï¾½ day investigation meeting - Respondent put to considerable expense in defending decision to dismiss - Regard had to financial situation of applicant -…
Result:: Costs in favour of respondent ($2,000) ; Disbursements ($15.15)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Complaints about verbal abuse made by client - During investigation further issues came to light relating to supervision, inappropriate visits to private addresses during…
Result:: Application granted ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($4,000 reduced to $3,200) ; Reinstatement ordered ; Orders accordingly ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Respondent sought full reimbursement of costs of $5,010 - Full reimbursement sought on basis that applicant put on notice costs would be sought if…
Result:: Costs in favour of respondent ($2,000)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful claim for reimbursement of travel and removal expenses - Respondent sought contribution of $3,500 to total costs of $6,438.
Result:: Costs in favour of respondent ($2,500)

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Alleged unjustified dismissal and disadvantage - Business sold to new owner - Not sold as going concern - Employment ceased when motel sold - Dispute over whether…
Result:: Application granted ; Compensation for humiliation etc ($10,000) ; Arrears of holiday pay ($1,393.62) ; Interest 7.5 percent ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether abandoned employment or dismissed - Applicant employed underage sister - Advised that action could be considered serious misconduct and suspended - Letters for applicant sent to…
Result:: Application granted ; Reimbursement of lost wages ($1,108.80 reduced to $554.40) ; Compensation for humiliation etc ($5,000 reduced to $2,500); Costs reserved