Determinations database

G J Wood [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Order prohibiting publication of terms of settlement
Result:: Consent order granted ; Orders accordingly ; No order for costs

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Long term injury resulted in applicant being off work - Prognosis meant applicant likely to be absent for 5 months - Decision to dismiss after one month…
Result:: Application dismissed (Unjustified dismissal and Penalty) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($5,000) ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Fixed term agreement - 5 successive agreements - Final appointment to cover period before permanent position established - Applicant unsuccessfully applied for new position - Intended appointee…
Result:: Application dismissed ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Full costs of $3,228 sought - Applicant legally aided - Exceptional circumstances - Claim without merit - Refused reinstatement offer - Calderbank offer of…
Result:: Costs in favour respondent ($2,000)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Whether dismissal or abandonment - Serious misconduct - Workplace injury and absences - Contacted employer at last minute regarding absence - Alleged excessive consumption of painkillers at…
Result:: Application granted ; Reimbursement of lost wages ($2,650.75 reduced to $1,767.16)(3 months) ; Compensation for humiliation etc ($1,500 reduced to $1,000) ; Costs in favour of applicant ($1,000)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: INTERIM INJUNCTION - Injunction sought restraining transfer of applicant to another site - Injunction sought requiring respondent to allow applicant's union representative to attend meeting - Alleged meeting about performance…
Result:: Application dismissed ; Parties directed to mediation ; Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Whether dismissed - Restructuring during absence for illness - Respondent decided applicant's duties could have been undertaken in less time - Informed applicant of desire to change…
Result:: Application dismissed ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Whether substantively justified and procedurally fair - Decline in business caused respondent to reduce staff - Proposals put forward by applicant - Whether final proposal…
Result:: Application dismissed ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Non-payment of total redundancy package - Whether applicant offered redundancy under collective agreement or voluntary redundancy scheme - Whether acceptance of cheque without prejudice - Significant…
Result:: Application dismissed ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether abandoned employment - Off work due to illness - Failed to initially gain medical certificate - Doctor away for 3 days - Respondent stated not to…
Result:: Application granted ; Reimbursement of lost wages ($1,517)(3 months reduced by 2/3rds) ; Compensation for humiliation etc ($3,000 reduced to $1,000) ; Costs reserved