Determinations database

K Raureti [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant alleged worked extremely long hours - Not convinced applicant did work or was required to work hours claimed - No agreement to allow…
Result:: Application dismissed ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Whether permanent or fixed term employee - Whether offered redeployment - Employed for specific project - Employed on fixed term agreement - No guarantee of ongoing work…
Result:: Application dismissed ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Applicant alleged respondent owed $1,470 unpaid wages - Whether wages owed by respondent or respondent's predecessor (applicants former employer) - Respondent's predecessor in liquidation - Employment…
Result:: Application granted ; Arrears of wages ($682.65) ; Disbursements in favour of applicant ($70)(Filing fee)

J Scott [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Identity of employer - Applicant claimed unjustified dismissal - Whether employer was named respondent - Employer was another company which had been removed from company register…
Result:: Application dismissed ; No order for costs

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - Just over ï¾½ day investigation meeting - Applicant sought costs of $2,500 plus disbursements - Reasonable that respondent pay $1,200 plus disbursements
Result:: Costs in favour of applicant ($1,200) ; Disbursements ($213)

G J Wood [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Interlocutory determination - Numerous attempts to contact respondent - Respondent hung up on Authority when called for conference call - No excuse that respondent was receiving…
Result:: Directions accordingly ; No order for costs

D Asher [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 ; No order for costs

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Numerous written warnings about performance - Applicant handed in resignation after being on sick leave - Franchise holder of respondent had forceful personality in…
Result:: Application dismissed ; Costs to lie where they fall

P R Stapp [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Triangular employment relationship - Complaints by second respondent to first respondent regarding applicants behaviour - Second respondent refused to allow applicant to return to its…
Result:: Application dismissed ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Alleged important question of law of whether party to collective bargaining could refuse to bargain for collective…
Result:: Application declined ; Orders accordingly ; Costs reserved