Determinations database

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Respondent had sought quality legal representation given importance of case - Respondent alleged actual costs of $35,169 inclusive of GST - Respondent sought contribution…
Result:: Costs in favour of respondent ($2,400)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Whether resigned or dismissed - Second applicant resigned - First applicant used practice to stop cows kicking which was unacceptable - First applicant continued…
Result:: Application granted ; Reimbursement of lost wages ($3,365 reduced to $1,000) ; Compensation for humiliation etc ($5,000 reduced to $1,000) ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Whether dismissed or abandoned employment - Hours varied by agreement for particular day - Required to work late - Alleged agreement to work less hours following day…
Result:: Application granted (Unjustified dismissal) ; Application dismissed (Penalty) ; Reimbursement of lost wages ($3,250 reduced to $1,950) ; Compensation for humiliation etc ($5,000 reduced to $3,000) ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: CONSENT ORDER - Parties reached settlement before investigation meeting - Terms of settlement to be orders of Authority - Order that terms of settlement prohibited from publication
Result:: Consent order granted ; Orders accordingly ; No order for costs

M Urlich [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Claims for damages and compensation - Claims to be characterised as personal grievances - Alleged intimidation and harassment by superiors - Concern raised regarding senior employee's behaviour…
Result:: Application granted (Unjustified disadvantage) ; Application dismissed (Unjustified dismissal) ; Compensation for humiliation etc ($6,000) ; Costs reserved

J Scott [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - One day Investigation meeting - Sought costs of $4,000 - Case not unduly complex - Reasonable contribution appropriate
Result:: Costs in favour of respondent ($2,500)

J Wilson [Employment Relations Authority - Auckland]

Summary:: INJUNCTION - Mareva injunction - Unjustified dismissal claim and claim for $243,000 unpaid commission - Jurisdiction to grant mareva injunctions available under s162 Employment Relations Act 2000 - Previous ex-parte…
Result:: Application dismissed ; Referred to mediation ; No order for costs

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether breach of implied term not to damage relationship of trust and confidence - Whether breach of duty to provide safe workplace - Not…
Result:: Application granted ; Reimbursement of lost wages ($2,024)(4 weeks) ; Compensation for humiliation etc ($10,000) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Ex parte urgent orders sought - Respondent employed on verbal agreement - Obtained computer disc containing customers details - Established competing business and abandoned work -…
Result:: Orders accordingly ; No costs

M Urlich [Employment Relations Authority - Auckland]

Summary:: ARREARS OF HOLIDAY PAY - No appearance for respondent - Respondent advised unable to attend because unwell - Repeated requests made for outstanding holiday pay - Respondent did not challenge…
Result:: Application granted ; Arrears of Holiday Pay ($358.75) ; Interest ; Penalty ($4,000) ; Disbursements ($70)(Filing fee) ; No costs