Determinations database

M Urlich [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Compliance with terms of settlement sought - Failure to comply due to alleged breach of settlement by applicant - Applicant divulged existence of settlement - Settlement did…
Result:: Application granted ; Compliance ordered ; Costs reserved

K Raureti [Employment Relations Authority - Auckland]

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

H Doyle [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Supplementary determination as to quantum of award for reimbursement of lost wages - One week deducted from 3 month period for failure to mitigate loss -…
Result:: Application granted ; Reimbursement of lost wages ($1,547) ; Costs to lie where they fall

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES - Non-payment of retirement gratuity - Whether entitled to payment of retirement gratuity - Collective employment agreement provided for gratuity for permanent retirement after 10 years' service…
Result:: Application granted ; Arrears of wages ($15,402.40) ; Interest (7 percent) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: DISPUTE - Interpretation of collective employment agreement - Whether travelling to and from work included in hours of work for calculation of overtime - Alleged employees could only be paid…
Result:: Questions answered in favour of applicant ; Orders accordingly ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: JURISDICTION - No appearance for respondent - Arrears of wages claim - Whether employee or independent contractor - Position titles given to applicant indeterminate of relationship Duties not determinate of…
Result:: Application dismissed ; No order for costs

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged disclosure of confidential information - Alleged failure to address complaint about disclosure - Peer review - Matters of concern about applicant's work revealed…
Result:: Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($2,500) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Supplementary determination regarding quantum of remedies - Successful recovery of money claim - Successful arrears claim - Parties failed to reach agreement as to quantum and…
Result:: Orders accordingly ; Recovery of money ($39,468.50) Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: JURISDICTION - Protest to jurisdiction - Unjustified dismissal - Alleged applicant's were not employees - Whether person intending to work - Whether offer and acceptance of employment - Sale of…
Result:: Application granted ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Aggressive and intimidating behaviour towards customers and supervisor - Alleged phoned customer and intimidated him - Inadequate time-keeping - Alleged falsified timesheets - …
Result:: Application dismissed (Unjustified dismissal) ; Application granted (Arrears of wages) ; Arrears of wages ($666.61) ; Costs reserved