Determinations database

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: COMPLIANCE ORDER - Compliance with terms of mediated settlement sought - Matter settled at mediation - Failure to pay settlement amount - Alleged settlement subject to further approval - Settlement…
Result:: Application granted ; Compliance ordered ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine - Whether procedurally fair - Informed of redundancy upon return from holiday - No prior warning of redundancy meeting agenda - Paid one…
Result:: Application granted ; Reimbursement of lost wages ($1,500) ; Compensation for humiliation etc ($8,000) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: SUBMISSION OF GRIEVANCE - No appearance for respondent - Whether grievance raised within the 90 day period - Grievance filed without required fee - Parties referred to mediation - Respondent…
Result:: Orders accordingly ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Whether permanent, fixed term or temporary employee - Alleged entitled to redundancy compensation - Employment agreement contradictory - Treated as temporary employee - Employment terminated…
Result:: Application dismissed (Unjustified dismissal) ; Application granted (Arrears of wages) ; Arrears of wages ($77,000)(Bonus) ; Arrears of holiday pay (20 days) ; Interest (7 percent) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES - Alleged non-payment for shifts worked - Alleged under payment of hours worked - Record showed no underpayment - No record for certain events worked - Arrears…
Result:: Application granted ; Arrears of wages ($248.71) ; Costs in favour of applicant ($70)(Filing fee)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - No appearance for respondent - Serious misconduct - Failure to follow security procedures - Left stock room unlocked and unattended - Left work early due to illness…
Result:: Application granted ; Compensation for humiliation etc ($1,500) ; Costs in favour of applicant ($820)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Arrears of wages - Sought to bring arrears claim - Respondent alleged matter already settled - Whether barred from bringing claim - Parties had reached agreement…
Result:: Application dismissed ; Parties referred to mediation ; Costs reserved

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Agreement reached as to arrears of wages and holiday pay due and owing - Order to be recorded by way of consent order - UNJUSTIFIED DISMISSAL -…
Result:: Application granted ; Consent order granted ; Contributory conduct reduced remedies to nil ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Respondent admitted amount owing - Alleged inability to pay money owed - Arrears claim established
Result:: Application granted ; Arrears of wages ($3,294.86) ; No order for costs

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged breach of privacy induced resignation - Alleged falsification of work hours for WINZ scheme - Alleged forced to sign blank form - Credibility…
Result:: Application dismissed (Unjustified dismissal) ; Application granted (Arrears of holiday pay) ; Arrears of holiday pay ($57.58) ; Costs reserved