Determinations database

D Asher [Employment Relations Authority - Wellington]

Summary:: COSTS - Application for personal grievance withdrawn - Total costs incurred by respondent in excess of $17,000 - Due to applicant's financial situation appropriate that costs lie where they fall
Result:: Costs to lie where they fall

N Taylor [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Investigation meeting approached in med/arb style - Determination viewed by representatives before issued - BARGAINING - Whether respondent breached duty of good faith by communicating directly…
Result:: Questions answered in favour of applicant ; Costs to lie where they fall

K J Anderson [Employment Relations Authority - Auckland]

Summary:: INTERIM INJUNCTION - Application for Anton Piller order - No appearance for respondent - Unauthorised possession of applicant's documents - Failed to fulfil undertaking to provide financial and transactional records…
Result:: Application granted ; Orders accordingly ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Whether substantively justified and procedurally fair - Failure to hand in company property at end of shift - Alleged property damaged due to failure…
Result:: Application granted ; Reimbursement of lost wages ($6,046.80 reduced to $5,442.12) ; Compensation for humiliation etc ($7,500 reduced to $6,750) ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: COSTS - Unsuccessful personal grievance - Successful breach of contract claim - Respondents sought contribution of $28,000 to actual costs of $99,000 - Sought disbursements and witness expenses of $16,543…
Result:: Costs in favour of respondents ($11,000)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: BREACH OF CONTRACT - Failure to give required notice - Signed employment agreement - Resigned before commencement date - Applicant sought recruitment and replacement expenses incurred - Employment agreement required…
Result:: Application granted ; Damages($2,917) ; Costs in favour of applicant ($70)(filing fee)

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether constructive dismissal - Whether actual dismissal - Alleged subjected to written abuse followed by verbal abuse - Alleged threatened if left premises would be dismissed -…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Verbally abused twice by superior - First time abused while manager away - Complaint made to manager - Second time abused in presence of…
Result:: Application granted ; Reimbursement of lost wages ($5,300) ; Compensation for humiliation etc ($5,000) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Applicant agreed to move to new work premises - Dismissed after refusal to sign new employment contract with new company named as employer - Contract…
Result:: Application granted ; Reimbursement of lost wages ($12,500) ; Compensation for humiliation etc ($6,000) ; Reimbursement of lost benefits ($974.22) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Punched live chicken - Disputed whether admission of conduct made - Claimed to have denied incident - Conflicting testimony from witnesses - Failed to…
Result:: Application dismissed ; Costs reserved