Determinations database

P R Stapp [Employment Relations Authority - Wellington]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondents - Alleged non-payment of bonus or holiday pay - First respondent adjudged bankrupt - Proceedings against first respondent stayed…
Result:: Application granted ; Arrears of wages and holiday pay ($131.40) ; Penalty ($1,250)(Payable to applicant) ; Costs in favour of applicant ($70)(Filing fee)

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Poor performance - Required to rotate stock according to specific plan - Chose to undertake management without following plan - Issued with formal warning…
Result:: Application dismissed ; Costs reserved

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Alleged induced to breach employment contract - Redundancy - Alleged induced to resign - Submission of grievance - Alleged grievance raised outside 90 days…
Result:: Application dismissed ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged deliberate damage to company vehicle - Alleged insufficient investigation - Not all employees who drove vehicle interviewed - Evidence suggested applicant was person…
Result:: Application dismissed ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful compliance order application - ï¾½ day investigation meeting - Sought actual costs of $1,365 - Applicant misinformed that respondent had not filed costs submissions - No injustice…
Result:: Costs in favour of respondent ($430)

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: PERSONAL GRIEVANCE - Alleged family status discrimination - Casual employee - Not re-engaged after husband's dismissal - Alleged not re-engaged because of family association - Numerous reasons for failure to…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Jurisdiction - Whether employee or independent contractor - Agreement frequently referred to as an employment contract - Method of remuneration consistent with employee status -…
Result:: Application granted ; Reimbursement of lost wages ($14,267.81)(3 months) ; Compensation for humiliation etc ($8,000) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Settlement reached during adjournment of investigation meeting - Terms of settlement to be recorded as orders of Authority - Order prohibiting publication of terms of settlement -…
Result:: Consent order granted ; Orders accordingly ; No order for costs

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether person intending to work - Whether offer and acceptance - Alleged offered position - Told at commencement date that no position available - Alleged employment dependent…
Result:: Application granted ; Reimbursement of lost wages ($6,500) ; Compensation for humiliation etc ($3,000) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - One day investigation meeting - Contribution of $13,500 sought to actual costs of $25,968 - Alleged amount sought excessive - Respondent failed to adhere…
Result:: Costs in favour of respondent ($2,000) ; Disbursements ($509.69)