Determinations database

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Received written warning for series of incidents of misbehaviour - Decided to relocate applicant and his students off campus to minimise conflict - Students…
Result:: Application granted ; Reimbursement of lost wages ($13,500 reduced to $6,750)(6 months reduced to 3 months) ; Compensation for humiliation etc ($3,000 reduced to $1,500) ; Costs reserved

A Dumbleton [Employment Relations Authority - Wellington]

Summary:: COSTS - Unsuccessful personal grievance - One day investigation meeting - Contribution of $2,500 sought to total costs of $16,294 - Contribution of $468 sought to total disbursements of $891…
Result:: Costs in favour of respondent ($2,500) ; Disbursements ($468.19)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: INTERIM INJUNCTION - Mareva injunction - Existing interim orders restraining respondent from dealing with any of his assets - Application for further orders on same basis as previous orders -…
Result:: Orders accordingly ; No order for costs

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Whether actual dismissal or constructive dismissal - Alleged verbal abuse - Alleged racial discrimination - Whether dismissed because of race - Applicant had tendered resignation previously but…
Result:: Application dismissed (Unjustified dismissal) ; Application granted (Arrears of wages) ; Arrears of wages ($660) ; Arrears of holiday pay ($39.60) ; Interest (7 percent) ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Sought compliance with previous orders of Employment Relations Authority - Injunction to prevent respondents utilising confidential information - Evidence that second respondent breached confidentiality - Enforcement of…
Result:: Compliance order granted ; No order for costs

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether course of conduct forced resignation - Verbal abuse by co-worker - Alleged repeated abuse - Complained to respondent - Alleged inaction led to…
Result:: Application dismissed ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: PENALTY - Alleged breach of s97 ERA - Whether workers employed or engaged during strike to perform work of striking employees - Engage" connoted contractual arrangement or payment for services…
Result:: Application granted in part ; Penalty ($2,500)(Crown) ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

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

P R Stapp [Employment Relations Authority - Wellington]

Summary:: COSTS - Applicant legally aided - Costs award limited to contribution of $50 - One day investigation meeting - No exceptional circumstances - No reason to award more than contribution…
Result:: Costs in favour of respondent ($50)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Fair investigation into fuel usage at applicant's farm - Conclusion that applicant guilty of serious negligence open to respondent - Issued warning and transferred…
Result:: Application granted ; Reinstatement ordered ; Reimbursement of lost wages (Quantum reserved) ; Costs reserved