Determinations database

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy selection process - No breach of good faith - Opportunity to be interviewed in accordance with agreed process - Declined to respond to questions -…
Result:: Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($2,000) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Altercation at work function - Applicant wrote to manager setting out his version of events - Other party to altercation made complaint about applicant…
Result:: Application granted ; Compensation for humiliation etc ($5,000 reduced to $3,750) ; Arrears of wages (Quantum reserved) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: JURISDICTION - No appearance for respondent - Whether independent contractor or employee - Real nature test - Short term contractor arrangement to aid respondent in personal grievance taken by applicant's…
Result:: Application granted ; Orders accordingly ; Costs in favour of applicant ($1,000)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Costs left to lie where they fall in previous costs determination - Whether respondent liable for any proportion of hearing fees - Applicant entitled to claim…
Result:: Application granted ; Orders accordingly ; No order for costs

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: INJUNCTION - BREACH OF CONTRACT - Previous interim injunction restrained respondent from being employed by competitor - Whether orders be made permanent or discharged - Negotiation of new employment agreement…
Result:: Application dismissed ; Interim injunction discharged ; Order accordingly ; Costs reserved

J Scott [Employment Relations Authority - Auckland]

Summary:: DISPUTE - RECOVERY OF MONEY - No appearance for respondent - Overpayment of salary - Agreement reached between parties that applicant would resign on certain date - Salary payment made…
Result:: Application granted ; Overpayment owing ($1,303.35) ; Interest (6.9 percent) ; Costs in favour of applicant ($1,518.75) ; Disbursements ($349.88)

D Asher [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement during investigation meeting - Terms of settlement to be orders of Authority - Applicant to withdraw claim - Costs to…
Result:: Consent order granted ; Costs to lie where they fall

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether resignation or dismissal - Disagreements between employees - Applicant given number of options - Took option of resignation with exit package - Last day…
Result:: Application granted ; Reimbursement of lost benefit ($4,181.25)(Exit package) ; Costs reserved

P R Stapp [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Disclosure of documents sought - Alleged documents related to statement of claim - Uncertainty as to relevance - Insufficient particulars of discovery application - Documents sought…
Result:: Application dismissed ; Orders accordingly ; Costs reserved

K Raureti [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Written employment agreement provided for payment of bonuses and holiday pay - Both parties happy with terms of agreement at time of signing…
Result:: Application granted ; Arrears of wages ($3,100)(Bonuses) ; ($262.14)(Weekend work) ; Arrears of holiday pay ($1,372.69) ; Costs reserved