Determinations database

G J Wood [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Unjustified dismissal - Respondent consented to removal - Questions of law involved would be decisive of the…
Result:: Application granted ; Proceedings removed to Employment Court ; No order for costs

D Asher [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Settlement reached during investigation meeting - Terms of settlement to be recorded by way of consent order - Order prohibiting publication of settlement
Result:: Consent order granted ; No order for costs

G J Wood [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Application to transfer proceedings - Proceedings should have been lodged in office lodged application in Wellington nearest to place where events that gave rise to problem…
Result:: Orders accordingly ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: RECOVERY OF MONEY - Applicant organised music event - Respondent had limited its financial involvement - Event flopped - Applicant sought reimbursement of monies she had paid to creditors -…
Result:: Application dismissed (Arrears of wages) ; Application dismissed (Recovery of money) ; Application dismissed (Unjustified dismissal) ; Application granted (Breach of contract) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($2,000) ; Costs reserved

J Scott [Employment Relations Authority - Auckland]

Summary:: ARREARS OF HOLIDAY PAY - No appearance for respondent - Holiday pay due and owing - Order sought to pursue director of respondent personally - No evidence that respondent in…
Result:: Application granted ; Arrears of holiday pay ($2,567.25) ; Interest (6.9 percent) ; Penalty ($300)(Wage and time records)(Labour Inspector) ; ($300)(Holiday pay)(Labour Inspector) ; Orders accordingly ; Disbursements in favour of applicant ($70)(Filing fee)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - Sought two-thirds contribution to total costs of $35,860 - Calderbank offer of $30,000 made - Would have awarded significantly less costs because of calderbank…
Result:: Costs in favour of applicant ($15,000)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES - Alleged non-payment of wages - Identity of employer - Alleged applicant employed by limited liability company not respondent personally - Failure to provide written agreement meant…
Result:: Application granted ; Arrears of wages ($212.37) ; Interest (7 percent) ; Penalty ($750)(Payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: COSTS - Applicant withdrew problem 2 days before investigation meeting - Respondent sought $5,000 costs - No details of costs provided - Ability to pay - Applicant had limited means…
Result:: Costs in favour of respondent ($1,500)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Whether fixed term agreement - Employed as temporary worker - Uncertainty over customer requirements - Reason never communicated to applicant - Repeated extensions of temporary employment -…
Result:: Application granted ; Compensation for humiliation etc ($5,000) ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Inability to perform employment contract - Alleged ban from client supermarket meant unable to fulfil duties - Alternative to dismissal shown possible because applicant's hours were not…
Result:: Application granted ; Reinstatement ordered ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($3,500) ; Costs reserved