Determinations database

D Asher [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Agreement on terms of settlement reached during investigation meeting - Terms to be recorded by Authority by way of confidential consent order - Publication prohibited
Result:: Consent order granted ; No order for costs

N Taylor [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Whether wages and holiday pay to be paid during overseas trip - Business relationship with another company - Undertook overseas trip for other…
Result:: Application granted in part ; Orders accordingly ; Costs to lie where they fall

T Woods [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Order to preserve status quo pending determination of substantive grievance - Interim injunction ordered by consent - Respondent to be restrained from appointing any persons to advertised…
Result:: Consent order granted ; Orders accordingly ; No order for costs

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Compliance with terms of settlement sought - Failed to pay wages in breach of settlement agreement - Dispute as to what was agreed - Whether terms of…
Result:: Application dismissed ; Costs reserved

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Poor performance - Whether dismissal substantively justified - Dismissed for failures of safety exams - Alleged disparity of treatment - Claimed co-workers failed exam above threshold -…
Result:: Application dismissed ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Compliance with terms of settlement sought - Alleged wrongly deducted sum from total agreed in settlement - Deducted advanced payment of commission from settlement sum - Alleged…
Result:: Compliance order granted ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Poor performance - Dismissed while on trial period - Alleged misrepresented skills, ability and experience at job interview - No misrepresentation - Admitted at interview that no…
Result:: Application granted ; Reimbursement of lost wages ($6,000)(3 months) ; Compensation for humiliation etc ($2,800) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissed after work party - Alleged threatened staff member's job - Subsequently assaulted by staff member's partner - View formed that applicant about to…
Result:: Application dismissed ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Matter removed to Employment Court for determination - Court held no jurisdiction - Contribution of $8,000 sought to total costs of $12,000 - Ability to pay - Applicant…
Result:: Costs to lie where they fall

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Investigation meeting adjourned to allow time for calling of witnesses - Extended deadline for adjournment not met - Employment Relations Authority proceeded to issue determination on…
Result:: Application granted ; Reimbursement of lost wages ($555) ; Arrears of wages ($14,332.46) ; Arrears of holiday pay ($1,368) ; Disbursements in favour of applicant ($70)(Filing fee) ; No award for costs