Determinations database

D King [Employment Relations Authority - Auckland]

Summary:: RECOVERY OF MONEY - Whether offer to pay $40,000 upon sale of business - Whether offer applied to initial possible sale or actual later sale - Offer established and made…
Result:: Application dismissed ; Costs reserved

M Urlich [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Breach of contract - Implementation of profit share provisions - Proceedings in respect of same matter filed…
Result:: Application granted ; Proceedings removed to Employment Court ; Referred to mediation ; No order for costs

D King [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - Respondent acknowledged in dismissal letter that amounts owing - Arrears of two weeks wages due and owing -…
Result:: Application granted ; Arrears of wages and holiday pay ($1,912.50) ; Disbursements in favour of applicant ($70)(Filing fee)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether employed on fixed term agreement - Whether genuine reasons for terminating agreement - Respondents purchased business - Parties entered into 4 month interim agreement -…
Result:: Application granted ; Arrears of holiday pay (4 days) ; Compensation for hurt and humiliation ($8,500) ; Penalty ($4,000)(Payable to applicants) ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Identity of employer - Employment transferred from third respondent to second respondent - Second respondent liable for any remedies - Personality conflict with second respondent's…
Result:: Application granted ; Reimbursement of lost wages (Quantum to be determined by parties)(6 weeks) ; Compensation for humiliation etc ($9,000) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Whether warning unjustified - Applicant's role was to provide advice and support to schools and pupils - Requested by own family to attend meeting at school in…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Applicant's partner reneged on agreement to purchase respondent's business at last minute - Redundancy notices already issued to staff - Applicant offered same job but…
Result:: Application granted ; Reimbursement of lost wages ($7,442.30)(2 months) ; Compensation for humiliation etc ($3,000) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Meeting regarding concerns about applicant - Two weeks suspension - Applicant resigned - Claimed white girl/dark girl" policy offensive - Knew policy when accepted…
Result:: Application dismissed ; Arrears of holiday pay (Quantum to be determined by parties) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissed for committing unsafe act - Accident caused by applicant's failure to follow respondent's Standard Operating Procedures - Co-worker broke both legs - Final…
Result:: Application dismissed ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Redundancy - Genuine redundancies - Order sought that respondent consult with applicant and employees about selection process and implement process fairly - Whether method of selection predetermined…
Result:: Application dismissed ; Referred to mediation ; Costs reserved