Determinations database

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged knowledge of presence of drugs in workplace - Alleged failed to take appropriate action and misled investigation - Presence of bag containing white…
Result:: Application granted ; Reinstatement ordered ; Reimbursement of lost wages (Quantum reserved) ; Compensation for humiliation etc ($10,500) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE - Alleged discrimination on basis of pregnancy - Alleged unilateral variation of contract - Claimed required to do menial tasks beneath position - Signed agreement stating permanent employee…
Result:: Application granted (Discrimination) ; Application dismissed (Unjustified disadvantage) ; Compensation for humiliation etc ($8,000) ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged failure to provide training - Enrolled in course as external student - Internal students required 12 months' experience - Engaged with respondent -…
Result:: Application dismissed ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Whether actual or constructive dismissal - Whether abandonment - Disciplinary meeting where numerous allegations raised without warning - Demoted without right of reply - Accused of theft…
Result:: Application granted ; Reimbursement of lost wages ($6,963.09) ; Compensation for humiliation etc ($7,500) ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Agreement reached during investigation meeting - By consent the terms of settlement became orders of Authority - Publication of terms of settlement and associated papers prohibited
Result:: Consent order granted ; Orders accordingly ; No order for costs

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Summary dismissal - Respondent in financial difficulties - Informed of dismissal before commencing leave - Dismissal unjustified - Remedies - Evidence applicant was intending to resign -…
Result:: Application granted (Unjustified dismissal) ; Application dismissed (Arrears of wages) ; Reimbursement of lost wages ($2,600)(5 weeks) ; Compensation for humiliation etc ($7,000) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Compulsory retirement for medical unfitness - Whether s72 Fire Service Act 1975 complied with - Appealed decision to panel of 3 medical experts - 2 experts concluded…
Result:: Application dismissed ; Costs reserved

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - Contributory conduct reduced remedies to nil - Costs to lie where they fall
Result:: Costs to lie where they fall

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Applicant claimed she was both summarily and constructively dismissed - Told at meeting of proposed restructure - No repudiatory behaviour at meeting - Second meeting…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Less than one day investigation meeting - Contribution of 50 percent sought to total costs of $12,878.
Result:: Costs in favour of respondent ($1,000)