Determinations database

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Respondent relocated manufacturing operations to Auckland but research and development where applicant worked remained in Hamilton - Respondent wished to move research and development to…
Result:: Application dismissed ; Costs to lie where they fall

M Urlich [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Applicant injured while helping patient - On ACC while off work - At meeting to discuss injury gave option of suspension until fit to return to work…
Result:: Application granted ; Compensation for humiliation etc ($8,000) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Applicant employed in sales position - When co-worker in sales support resigned applicant took over sales support duties and did less tele-sales work - Sales…
Result:: Application dismissed ; Costs reserved

K Raureti [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Budget reduction resulted in decreased staff levels - Applicant's position merged with co-worker's position and co-worker kept job while applicant made redundant - Genuine redundancy…
Result:: Application granted ; Compensation for humiliation etc ($7,000) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Whether exceptional circumstances warranting departure from usual rule regarding legal aid - Applicant's memorandum filed late - Assumption that legal aid grant would be…
Result:: Costs in favour of respondent ($50)

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - No appearance for respondent - Applicant advised would be unable to take on long term commitment to care for baby and would resign - Reached agreement on…
Result:: Application granted ; Compensation for humiliation etc ($2,000) ; Arrears of wages ($1,440) ; Arrears of holiday pay ($462.36) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful unjustified dismissal claim - Applicant sought contribution of $3,000 to total costs of $6,500 - Applicants memorandum for costs outside timetable set by Authority - Memorandum accepted…
Result:: Costs in favour of applicant ($3,000)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: JURISDICTION - Whether employee or independent contractor - Position advertised as contract position - Applicant lived at respondent's directors house - Payment in cash and tradecard dollars - Payment at…
Result:: Application dismissed ; No order for costs

K J Anderson [Employment Relations Authority - Auckland]

Summary:: JURISDICTION - Whether employee or independent contractor - Initially employed as contractor - Alleged status changed to employee when took over management position - Applicant increased fees when took over…
Result:: Application dismissed ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: COSTS - Partially successful claim for unjustified dismissal and unjustified disadvantage - Applicant unrepresented - Applicant's request for costs included claim for legal expenses - Respondent to pay filing fee…
Result:: Costs in favour of applicant ($750) ; Disbursements in favour of applicant ($190.64)