Determinations database

H Doyle [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Authority had previously issued Anton Piller order - Statement of Problem also filed which sought remedies in relation to breaches of confidentiality and non-solicitation - Authority…
Result:: Orders accordingly ; No order for costs

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Refusal to obey lawful and reasonable instruction of employer - Respondent's business required employees to travel overseas - Applicant expressed concern about excessive travel - Whether managing…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Respondent opposed application - Applicants' sought injunction restraining respondent from implementing drug testing regime - Determination of…
Result:: Application granted ; Proceedings removed to Employment Court ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY AND OTHER MONIES - Respondent paid monies owed to first applicant but denied claims in respect of second applicant - Whether second applicant employee…
Result:: Application granted (Penalty) ; Application granted (Monies owing)(Jansen) ; Penalty ($2,000)(Irons) ; Penalty ($2,000)(Jansen) ; Other monies ($11,468)(Commissions owed) ; Arrears of wages ($2,500) ; Arrears of holiday pay ($1,663) ; Disbursements in favour of second applicant ($931) ; Interest (5.25 percent) ; No order for costs

J Scott [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful unjustified dismissal claim - Investigation meeting 8 hours - Respondent sought reasonable contribution of $8,000 plus GST and disbursements - Important case for both parties - Reasonable…
Result:: Costs in favour of respondent ($2,640) ; Disbursements ($250) ; Orders accordingly

J Scott [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Investigation meeting 32 hours - Respondent sought reasonable contribution of $20,000 - Reasonable contribution of $10,500 appropriate
Result:: Costs in favour of respondent ($10,500)

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged applicant intended to start own business and had discussion with fellow employee about joining him - Applicant resigned after allegations put to him…
Result:: Application dismissed ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged applicant intended to start own business and had discussion with fellow employee about joining him - Applicant withheld important information from respondent's managing…
Result:: Application granted ; Reimbursement of lost wages ($24,516.66 reduced to $6,129.16) ; Compensation for humiliation etc ($5,000 reduced to $1,250) ; Leave granted to pursue holiday pay and commission claims ; Orders accordingly ; Costs reserved

J Scott [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - Significant contribution sought to total costs of $2,000 plus GST or reasonable award as Authority saw fit - Reasonable contribution of $1,500 appropriate -…
Result:: Costs in favour of applicant ($1,500)

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Whether dismissal or abandonment of employment - Down turn in respondent's business - Applicant experienced personal difficulties - Allowed one weeks leave - Alleged dismissed during phone…
Result:: Parties referred to mediation ; Leave reserved to refer matter back to Authority ; Remedies reserved ; Costs reserved