Determinations database

H Doyle [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Important questions of law - Whether Authority had jurisdiction - Whether collective agreements complied with s54(3)(a)(ii) Employment…
Result:: Application granted ; Proceedings removed to Employment Court ; No order for costs

H Doyle [Employment Relations Authority - Christchurch]

Summary:: CONSENT ORDER - COSTS - Unsuccessful application for leave to file problem out of time - Sought total costs of $2,337 - Applicant consented to amount of costs sought -…
Result:: Consent order granted ; Costs in favour of respondent ($2,337.50)

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance and arrears claim - 2ï¾½ day investigation meeting - Contribution of $15,000 sought to total costs of $22,555 - Applicant successful in preliminary jurisdiction determination…
Result:: Costs in favour of respondent ($2,500)

J Scott [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether person intending to work - Whether offer and acceptance - Alleged discrimination due to past settlement of redundancy grievance - Applied for position - Position offered…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - No appearance for respondent - Redundancy - Alleged failure to pay full entitlement of redundancy compensation - Whether redundancy procedurally fair - Sale of business - Informed…
Result:: Application granted ; Compensation for humiliation etc ($5,000) ; Costs in favour of applicant ($700) ; Disbursements ($70)(Filling fee)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - No appearance for respondent - Application to join respondent's director as party - Arrears of wages and holiday pay and penalty claim - Evidence respondent did…
Result:: Application granted ; No order for costs

G J Wood [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Whether parties reached settlement - Respondent had brought personal grievance and respondent had filed counterclaim - Parties negotiated settlement - Respondent queried draft terms regarding reserving…
Result:: Question answered in favour of applicant ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - Alleged under-payment of wages and non-payment of holiday pay - Alleged hourly rate inclusive of holiday pay -…
Result:: Application granted ; Arrears of wages and holiday pay ($2,828.95)(BR) ; ($2,512.12)(WH) ; ($1,931.05)(PL) ; Interest (7 percent) ; Costs in favour of applicants ($70)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS - Partially successful personal grievance - Applicant's total costs amounted to $6,112 - Calderbank offer less than amount awarded - Applicant sought reimbursement of $2,864 for costs associated with…
Result:: Costs in favour of applicant ($3,000) ; Disbursements ($1,000)(Travel and accommodation) ; ($70)(Filing fee)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - Contribution sought to total costs of $3,583 plus disbursements - Reasonable contribution appropriate
Result:: Costs in favour of applicant ($2,000) ; Disbursements ($167.25) ; ($70)(Filing fee)