Determinations database

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Less than ï¾½ day investigation meeting - Contribution of $5,729 sought to costs - Rejected Calderbank offer - Alleged applicant's counsel prolonged meeting -…
Result:: Costs in favour of respondent ($1,500)

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Suspended after complaint of sexual harassment - No explanation until next day at meeting - Suspension unjustified - Given opportunity to respond to allegations…
Result:: Application granted ; Reimbursement of lost wages ($6,576.92 reduced to $3,288.46) ; Compensation for humiliation etc ($3,000) ; Reimbursement of lost benefit (Quantum to be determined by parties) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISADVANTAGE - Vacancies advertised as expressions of interest - Existing employees lead to believe they were ideally suited and subsequently applied for positions - Applications unsuccessful - Discovered criteria…
Result:: Application granted ; Compensation for humiliation etc ($4,500)(SH)($4,500)(MP) ; Disbursements in favour of applicants ($70)(Filing fee)

D Asher [Employment Relations Authority - Wellington]

Summary:: DISPUTE - Interpretation of collective agreement - Existing hours of work varied to 40 hours in 4 days - Guidelines included in CA provided for standard hours of 8 per…
Result:: Application dismissed ; Costs to lie where they fall

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether dismissed or abandoned employment - Reluctantly given time off work for job interview - Later told not come to work on Monday - Understood she had…
Result:: Application granted ; Reimbursement of lost wages ($640) ; Compensation for humiliation etc ($2,000) ; Costs in favour of applicant ($500) ; Disbursements ($70)(Filing fee)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: INTERIM INJUNCTION - Application for interim reinstatement - Poor performance - Written reminder of contractual requirement to have 5 working dogs - Later dismissed for failing to obtain dogs and…
Result:: Application dismissed ; Referred to mediation - Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Unjustified disadvantage - Erratum - Typographical error in amount of remedies - Remedies should have been $2,500 not $1,500 - Determination amended accordingly
Result:: Orders accordingly ; No order for costs

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISADVANTAGE - Alleged unilateral variation of contract - Reduction of wages - Reduction of work units - Whether agreement to accept reduced position - Restructuring - Number of available…
Result:: Application granted ; Orders accordingly ; Compensation for humiliation etc ($1,500) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: COSTS - Successful personal grievance - One day investigation meeting - Contribution sought to costs of $3,313 - Respondent delayed providing copies of collective employment contract - CEC crucial to…
Result:: Costs in favour of applicant ($2,500) ; Disbursements ($156.50)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application to reopen investigation - Alleged respondent did not receive notification of hearing - Alleged had changed premises - No evidence respondent deliberately ignored notice of…
Result:: Application granted ; Orders accordingly ; No order for costs