Determinations database

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Complaints made about applicant including allegation she had intimate relationship with client while counselling him - Whether investigation carried out breached respondent's own code…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: BREACH OF CONTRACT - Further determination regarding counterclaim - Parties unable to mediate resolution to counterclaim - Contrary to employment agreement applicant had other business interests - Applicant used respondent's…
Result:: Application granted ; Damages ($10,000) ; Other monies ($300)(Compensation for paying inflated value for computer) ; ($360)(Cellphone used for own use) ; ($782)(Computer used for own use) ; ($1,350)(Vehicle used for own use) ; $1,500)(Reimbursement of part of another employee's salary who did work for applicant's own use) ; Reimbursement of 25% of applicant's salary ; ($80)(Water cooler) ; ($194.56)(Advertising for own use) ; ($276.62)(Airline ticket for own use) ; ($194.37)(Cost of hiring part time employer to sort out applicant's documents) ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Offensive notice placed on notice board - Notice sexually obscene and derogatory to co-worker - Applicant admitted conduct and stated notice was a joke…
Result:: Application dismissed ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged breach of email policy prohibiting personal communications - Internal email communications with co-worker - Emails had sexual content - No advance warning or…
Result:: Application granted ; Reimbursement of lost wages ($3,100)(3 months) ; Compensation for humiliation etc ($7,000) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

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

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine and procedurally fair - Positions merged - Alleged new positions almost exactly the same as redundant position - Alleged failure to consult or…
Result:: Application dismissed ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - No appearance for respondent - Redundancy - Sale of business - Condition of sale all employment agreements terminated - Possible employment with new owner - Informed of…
Result:: Application granted ; Reimbursement of lost wages ($814)(2 weeks) ; Compensation for humiliation etc ($6,500) ; Costs in favour of applicant ($70)(Filing fee)

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Found in possession of drug paraphernalia at workplace - Alleged failure to consider explanation given - Claimed had found paraphernalia while intending to smoke…
Result:: Application dismissed ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COSTS - Partially successful personal grievance - One day investigation meeting - Calderbank offer - Respondent sought contribution to total costs of $67,707 - Calderbank offer without prejudice as to…
Result:: Costs in favour of respondent ($2,000)

A Dumbleton [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Alleged breach of good employer obligations - Alleged stress from unreasonable requirements of manager - No opposition…
Result:: Application dismissed (Removal of proceedings) ; Application granted (Non-publication order) ; Costs reserved