Determinations database

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine redundancy - Restructuring - Collective employment - Staff invited to apply for new positions - Obligation under agreement to take all practical steps,…
Result:: Application granted ; Reinstatement ordered ; Reimbursement of lost wages ; Compensation for humiliation etc ($7,500)(RS) ; ($4,000)(MN) ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Whether dismissal predetermined - Whether substantively justified - Respondent produced student magazine - President of Waikato Students Union chairperson of board of directors…
Result:: Application dismissed ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Applicants sought payment for wage arrears and expenses incurred - First applicant sought reimbursement for late payment of utilities caused by non-payment of wages - Second…
Result:: Application granted ; Arrears of wages ($8,979.26)(LK) ; ($17,459.67)(WM) ; Interest (8 percent) Orders accordingly ; Costs in favour of applicants ($70)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Alleged non-payment of holiday pay and final wages - Alleged non-payment for 2 weeks' absence due to spider bite - Bite was injury…
Result:: Application granted ; Arrears of wages ($1,080)(2 weeks) ; Arrears of holiday pay ($1,175) ; Reimbursement of lost wages ($1,404)(2.6 weeks) ; Compensation for humiliation etc ($2,000) ; Penalty ($1,000)(Payable to Crown) ; Costs in favour of applicant ($1,500)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Procedural fairness - Health organisation arranged placement for applicant with respondent - Applicant and manager of respondent signed employment agreement - Conditional on funding from…
Result:: Application granted ; Compensation for humiliation etc ($2,500) ; Costs in favour of applicant ($1,152)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Frustration - Dismissed while on 7 months' sick leave - Medical certificates provided sporadically - Manager telephoned applicant leaving messages but no reply - Letter of termination…
Result:: Application granted ; Compensation for humiliation etc ($10,000) ; Costs reserved

P R Stapp [Employment Relations Authority - Christchurch]

Summary:: COSTS - Unsuccessful personal grievance - First respondent sought contribution of $10,000 plus disbursements to total costs - Second respondent sought contribution of $7,000 to total costs - Whether matter…
Result:: Costs in favour of first respondent ($4,752) ; Costs in favour of second respondent ($4,752)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: INTERIM INJUNCTION - Interim reinstatement - Summary dismissal - Serious misconduct - Alleged abusive nature toward client - Arguable case on basis of untested evidence with respect to applicant's dismissal…
Result:: Application granted ; Interim reinstatement ordered ; Orders accordingly ; Costs reserved

K Raureti [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Applicant resigned as managing director and became Chief Technical Officer - Arrested for assault though charges dismissed by Court - Company concerned with arrest and had concerns…
Result:: Application granted ; Reimbursement of lost wages ($35,000 reduced to $29,750)(3 months) ; Compensation for humiliation etc ($10,000 reduced to $8,500) ; Other monies ($5,886.62)(Laptop expenses)(On return of laptop to respondent) ;Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Refused to give consent to police vetting - Section 78C Education Act 1989 required state school boards to obtain police vet of non-teaching employees - Section 78C…
Result:: Application dismissed ; Costs reserved