Determinations database

K Raureti [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Respondent dismissed applicant and made derogatory references to applicant's race over the phone - Letter of warning delivered to applicant after dismissed over phone - Whether unauthorised…
Result:: Application granted (Unjustified dismissal) ; Application dismissed (Racial harassment) ; Reimbursement of lost wages (7,280)(3 months) ; Compensation for humiliation etc ($3,500) ; Costs to lie where they fall ; Disbursements ($70)(Filing fee)

K Raureti [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Medically unfit to return to work - Whether respondent breached duty to act as good employer during recruitment process by not providing complete and comprehensive description of…
Result:: Application dismissed ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether resigned or dismissed - Applicants had difficulties obtaining transport to get to cleaning jobs at three sites - Inability to perform work - Applicants requested money…
Result:: Application dismissed ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISADVANTAGE - Applicant on sick leave for 6 months due to depression triggered by stress at work - Differences had arisen between applicant and respondent's Chief Executive - Whether…
Result:: Application granted ; Orders accordingly ; Compensation for humiliation etc ($3,000) ; Leave reserved for reimbursement of lost wages claim ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Offered full-time employment - Initially rostered on full-time - Roster changed to two shifts a week without agreement - Foreseeable that applicant would resign…
Result:: Application granted ; Compensation for humiliation etc ($3,000) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee)

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - No appearance for respondent - Opportunity to present written submissions after investigation meeting - Dismissed after NZQA accreditation not received for course - Financial difficulties…
Result:: Application granted ; Reimbursement of lost wages ($11,249.94)(13 weeks) ; Compensation for humiliation etc ($5,000) ; No order for costs ; Disbursements in favour of applicant ($70)(Filing fee)

D Asher [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Full and final settlement - Order prohibiting publication of terms…
Result:: Consent order ; No order for costs

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Poor performance - Performance concerns put to applicant - Performance goals set - Feedback regarding customer complaints - Two written warnings with respect to unsatisfactory performance -…
Result:: Application granted ; Reimbursement of lost wages ($5,960.50 reduced to $2,086.18)(13 weeks) ; Reimbursement of lost benefit (Quantum reserved)(Telephone)(Medical insurance)(Vehicle) ; Compensation for humiliation etc ($5,000 reduced to $1,750) ; Costs reserved

J Scott [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement - Terms of settlement to be orders of Authority - Full and final settlement - Respondent to pay applicant $5,000
Result:: Consent order granted ; No order for costs

P R Stapp [Employment Relations Authority - Wellington]

Summary:: DISPUTE - Interpretation and application of collective agreement - Whether entitled to catching allowance when engaged in duties other than catching - Agreement stated that allowance payable while catcher involved…
Result:: Application granted ; Question answered in favour of applicant ; Orders accordingly ; Costs reserved