Determinations database

P R Stapp [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Timetable for investigation meeting not complied with - Parties directed to mediation - Failed to inform Authority of outcome - No formal request to vacate investigation…
Result:: Application dismissed ; No order for costs

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Whether employee or independent contractor - Refused offer of employment agreement due to reduction in salary - Not in business for self - Integrated into…
Result:: Application granted ; Counterclaim dismissed ; Reimbursement of lost wages ($10,240)(8 weeks) ; Compensation for humiliation etc ($4,000) ; Arrears of holiday pay (Quantum reserved) ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Serious misconduct - Alleged wilful disobedience - Attended health and safety training course despite declination of application for leave - Alleged unreasonably withheld leave…
Result:: Application granted ; Orders accordingly ; Parties referred to mediation ; Costs reserved

T Woods [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Alleged unilateral variation of remuneration from wages to piecemeal rates - Alleged subjected to unreasonable working conditions - Forced to live and work in respondent's garage -…
Result:: Application granted ; Compensation for humiliation etc ($9,000 reduced to $5,400) ; Arrears of wages ($4,672) ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Application to record investigation meeting - Wished to have transcript available in case matter challenged in Employment Court - Alleged difficult to prove error of fact…
Result:: Application dismissed ; No order for costs

P R Stapp [Employment Relations Authority - Wellington]

Summary:: COSTS - Matter resolved at mediation - Full costs of $1,107 sought for preparation of case - Amount sought included mediation costs - Authority unable to award costs for mediation…
Result:: Costs to lie where they fall

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Whether resigned or dismissed - Verbally abused supervisor - Left work early - Whether words and conduct amounted to resignation - Alleged informed next day that matter…
Result:: Application granted ; Reimbursement of lost wages ($4,200.21)(9 weeks) ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Disputed whether offer of employment - Alleged failure to complete appropriate minimum statutory requirements for appointment - Resigned former employment following alleged offer of employment - Subsequently…
Result:: Application dismissed ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - No appearance for respondent - Position ceased to exist - Alleged offered alternative employment with associate company - Misrepresentation of duties - Informed that position…
Result:: Application granted ; Reimbursement of lost wages (8 days) ; Compensation for humiliation etc ($1,500) ; Arrears of wages ($615.38) ; Holiday pay (6 percent) ; Costs in favour of applicant ($500) ; Disbursements ($70)(Filing fee)

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged conflict of interest - Applicant's partner resigned from respondent to join competitor - Failure by respondent to obtain contract - Dismissed for failure…
Result:: Application granted ; Reimbursement of lost wages ($12,265.94 reduced to $11,039.35) ; Compensation for humiliation etc ($25,000 reduced to $22,500) ; Costs reserved