Determinations database

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Misconduct - Whether procedurally fair - Whether apprentice or trainee - Alleged continual lateness - Informed of importance of prompt attendance during particular event - Failed to…
Result:: Application dismissed ; Costs Reserved

K Raureti [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Numerous absences due to illness - Alleged told to leave - Alleged requested reduction in hours due to pregnancy - Credibility -…
Result:: Application dismissed ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - No appearance for respondent - Alleged serious misconduct - Summarily suspended and escorted from respondent's premises - Assault complaint made to police by manager - Dismissed by…
Result:: Application granted ; reimbursement of lost wages ($13,460) ; Compensation for humiliation etc ($10,000) ; Costs in favour of applicant ($2,250)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: COSTS - Partially successful personal grievance - Applicant's significant claim of unjustified dismissal unsuccessful - 3ï¾½ hour investigation meeting - Applicant sought costs of $2,305 - Respondent sought costs and…
Result:: Costs in favour of respondent ($500)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: INTERIM INJUNCTION - Application for interim reinstatement - Employed on trial basis until on-the-job training was passed - Dismissed after failure to complete training satisfactorily - Whether procedure in contract…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application to strike out proceedings - Delay of 5 years - Three year limitation period in s114(6) Employment Relations Act 2000 elapsed - Even without 3…
Result:: Application to strike out granted ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Agreement reached during investigation meeting - Terms of settlement to become determination of Authority - Terms to remain confidential
Result:: Consent order granted ; No order for costs

J Scott [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancies - Group disestablished - Fourth and Fifth applicants alleged terminations were retaliatory action - Failed to provide credible corroborative evidence to support allegations - First applicant…
Result:: Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage)(FH, DP) ; Compensation for humiliation etc ($5,000)(FH) ; ($2,500)(DP) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: RAISING OF PERSONAL GRIEVANCE - Application for leave to raise grievance out of time - Whether exceptional circumstances - Reasonable arrangements made to have grievance raised through employment advocate -…
Result:: Application granted ; Referred to mediation ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Compliance with settlement agreement sought - Deficiencies in form of settlement agreement - Treated as application for order for compliance with terms of agreement - $600…
Result:: Orders accordingly ; No order for costs