Determinations database

M Urlich [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Sleeping during work hours - Neglect of patients - Managers arrived unannounced for fire drill - Suspended applicants after found sleeping on the job…
Result:: Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($750) ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Sexual harassment - Complaints about applicant by several female employees - Sleazy comments - Leering stares - Employees felt uncomfortable - One employee considered…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Complaint laid by resident - Alleged ignored calls for assistance and left resident to wet herself - No finding by respondent that complaint true…
Result:: Application granted ; Compensation for humiliation etc ($8,000) ; Disbursements in favour of applicant ($70)(Filing fee) ; No order for costs

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Suspected of theft of petrol from respondent - Police camera installed - No real evidence of theft from videos - Independent evidence of unauthorised…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Christchurch]

Summary:: SUBMISSION OF GRIEVANCE - Whether matter to be heard as dispute or personal grievance - Matter concerned reassignment of applicant to other duties - Matter filed as dispute - Personal…
Result:: Orders accordingly ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Whether procedurally fair - Whether redeployment offered - Informed of redundancy by meeting - No consultation - No prior notice of content of meeting -…
Result:: Application granted (Unjustified dismissal) ; Application dismissed (Arrears of wages) ; Reimbursement of lost wages ($11,250) ; Compensation for humiliation etc ($10,000) ; Loss of benefit ($4,064.13)(Car and costs incurred) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Interpretation and application of collective agreement - Compliance order and arrears of wages sought - Coverage clause made collective agreement applicable to tutors - Whether sawmill and logging…
Result:: Application granted in part ; Questions answered in favour of applicants ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: RESTRAINT OF TRADE - Compliance sought with restraint of trade clause - Restraint clauses not to be wider than reasonably required by circumstances - Area of restraint was reasonable -…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - Sought contribution to total costs of $2,080 plus disbursements - Amount incurred very reasonable - Reasonable contribution plus disbursements appropriate
Result:: Costs in favour applicant ($1,500) ; Disbursements ($170)

D Asher [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Agreement on terms of settlement reached during investigation - Recorded by way of consent order - Publication of terms of settlement and associated papers prohibited
Result:: Consent order granted ; No order for costs