Determinations database

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Whether resigned or dismissed - Made allegations of plagiarism against colleagues - Meeting resulted in decision that respondent did not believe plagiarism occurred -…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: DISPUTE - Whether applicant's salary included night shift allowance or whether entitled to additional payment - Collective agreement made provision for night allowance - Applicant was day shift worker…
Result:: Question answered in favour of applicant ; Orders accordingly ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: PENALTY - Penalty and declaration sought for alleged breach of settlement - Settlement included confidentiality agreement - Clause prohibited parties from mentioning terms of settlement or speaking ill of…
Result:: Application dismissed ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: COSTS - Partially successful personal grievance - 4ï¾½ hour investigation meeting - Contribution sought to total costs of $4,556 - Contributory conduct - Alleged costs should lie where they fall…
Result:: Reimbursement of lost benefit ($2,798.25 reduced to $979.39)(Car and phone) ; Costs in favour of applicant ($1,800)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application to remove proceedings to Employment Court - Important question of law - Whether exemplary damages available for breach of contract claim under Employment Relations Authority…
Result:: Application granted ; Proceedings removed to Employment Court ; No order for costs

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Conflict of interest - Respondent's counsel previously acted for applicant in matrimonial property matter - Whether counsel to be disqualified from acting in present matter -…
Result:: Application dismissed ; No order for costs

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COSTS - Partially successful personal grievance - One day investigation meeting - Contribution of $4,742. 44 sought to total costs of $7,113.
Result:: Costs in favour of applicant ($750)

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - No costs submissions from applicant - One day hearing - Respondent sought costs of $1,500 - Amount sought reasonable - Applicant to pay amount…
Result:: Costs in favour of respondent ($1,500)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Preliminary matter - Whether investigation meeting was to be in Wellington or Christchurch - Convenience for both locations considered - Matter not delayed if transferred to…
Result:: Orders accordingly ; No costs

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Criteria for redundancy based on assessment of individual skill - Applicant told to attend meeting to discuss redundancy and could bring representative - Applicant unable…
Result:: Application granted ; Compensation for humiliation etc ($8,000) ; Costs reserved