Determinations database

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant met with customer while on maternity leave - Respondent told applicant to discontinue contact with customer - Respondent advised that applicant had spoken…
Result:: Application granted ; Reimbursement for lost wages (3 months) ; Compensation for humiliation etc ($15,000) ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Restructuring initiated to reduce 17 staff to 13 - Selection criteria related to project management competencies - Applicant placed 11th based on selection criteria…
Result:: Application granted ; Reimbursement of lost wages (7 months) ; Compensation for humiliation etc ($15,000) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Poor performance - Weekly meetings - Discussed areas where improvement needed - Misspelling, wrong addresses and incorrect or poor layout of advertisements - Took significantly longer to…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Genuine redundancy - Numerous meetings to discuss redundancies - Meeting undertaken despite request for adjournment to allow representative's attendance - Dismissal unjustified due to procedural defects -…
Result:: Application granted (Unjustified dismissal) ; Compensation for humiliation etc ($3,000) ; Application dismissed (Discrimination) ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Genuine redundancy - No written employment agreement - Decision made to make applicant redundant while on honeymoon - Told was redundant first day back Consulted…
Result:: Applicant granted ; Compensation for humiliation etc ($8,000) ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant refused to undertake task - Concerns about way applicant spoke to doctor who requested she perform task - Meeting to discuss issue…
Result:: Application granted ; Reimbursement of lost wages ($3,075)(3 months) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Supplementary determination - Remedies - Unjustified dismissal - Previous determination held reasonable conclusion of serious misconduct but no reasonable explanation for disparity of treatment - Remedies…
Result:: Reimbursement of lost wages ($6,348.21 reduced to $3,174.10) ; Compensation for humiliation etc ($7,000 reduced to $3,500) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

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

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - Applicant alleged underpaid wages - Respondent ordered to pay arrears of wages and holiday pay - Interest 7…
Result:: Application granted ; Arrears of wages and holiday pay ($375.41) ; Penalty ($1,000)(Breach of s64(2) ERA)(Payable to applicant) ; ($1,500)(Breach of Wages Protection Act)(Payable to applicant) ; Disbursements in favour of applicant ($70)(Filing fee)

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Summary dismissal - Serious misconduct - Alleged assault of elderly patient - Co-workers alerted respondent's director to patient's distressed state - Patient said was hit on head…
Result:: Application granted ; No order for costs