Determinations database

M Urlich [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether abandoned employment or dismissed due to unauthorised absence from work - Serious misconduct - On last day of work before Christmas break applicant advised respondent…
Result:: Application granted ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($5,000 reduced to $2,500) ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Alleged failure to comply with terms of mediated settlement - Settlement required discussion of diary issue during collective negotiations - Respondent attempted to discuss issue in negotiations…
Result:: Application dismissed ; Costs to lie where they fall

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Sale of business - Whether applicant redundant - Informed of redundancy abruptly by termination letter - Non-payment of final wages and holiday pay - Alleged promised position…
Result:: Application granted ; Reimbursement of lost wages ($2,257.29) ; Compensation for humiliation etc ($5,000) ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: COSTS - Successful personal grievance - 2 day investigation meeting - Sought contribution of $15,000 plus disbursements to total costs - Alleged matter straightforward - Usual costs award would have…
Result:: Costs in favour of applicant ($7,500) ; Disbursements ($133.90)

D Asher [Employment Relations Authority - Christchurch]

Summary:: COSTS - Unsuccessful personal grievance - 2 investigation meetings - Sought contribution of $4,000 plus disbursements to actual costs of $6,082 - Disbursements related to air travel for counsel -…
Result:: Costs in favour of respondent ($2,000)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Application to reopen investigation - Both parties believed Authority would conduct conference call after conclusion of investigation meeting - Alleged failure by Authority to contact further…
Result:: Application granted (Rehearing application) ; Application dismissed(Unjustified dismissal) ; Costs reserved

P Montgomery [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged resigned due to workplace stress caused by excessive workload - Whether respondent failed to take appropriate steps to address stress - Busy period…
Result:: Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($5,000) ; Costs reserved

K Raureti [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether abandonment or constructive dismissal - Applicant left work after feeling unwell - Alleged constructive dismissal at that point or during later communications with respondent - No…
Result:: Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($2,500)

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether offer of employment conditional upon further approval - Whether selection panel member had actual or ostensible authority to offer employment - Applied for position with respondent…
Result:: Application dismissed ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged subjected to unfair criticism and demeaning behaviour - Agreed to take less senior role on return from parental leave - Alleged conflict of…
Result:: Application dismissed ; Costs reserved