Determinations database

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: ARREARS OF HOLIDAY PAY - No appearance for respondent - Alleged non-payment of holiday pay - Repeated failure by respondent to attend mediation or provide accurate wage and time records…
Result:: Application granted ; Arrears of holiday pay ($833.41) ; Interest (6.5 percent) ; Penalty ($500)(Payable to Crown) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Breach of company reporting policy - Alleged applicant contacted external agencies regarding possible injury to patient - Dismissed by letter - Dismissal procedurally unfair…
Result:: Application granted ; Reimbursement of lost wages (3 months to be reduced by 50 percent) ; Compensation for humiliation etc ($4,000 reduced to $2,000) ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Objection to notice to pay holiday pay - Paid most of amount outstanding - Refuted amount for Boxing Day and New Years Day…
Result:: Application dismissed ; Arrears of wages ($270) ; Costs reserved

T Woods [Employment Relations Authority - Auckland]

Summary:: INTERIM INJUNCTION - Application for interim reinstatement - Unjustified dismissal proceedings - Alleged serious misconduct compromised safety reputation of business - Reinstatement discretionary remedy - Alleged applicants unable to maintain…
Result:: Application dismissed ; Costs reserved

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - No appearance for respondent - Notice of investigation meeting properly served - Compliance with determination of Employment Relations Authority sought - Payments not received - Compliance ordered
Result:: Compliance order granted ; Costs in favour of applicant ($70)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Only female employed in kitchen - Subjected to harassment, intimidation and non-cooperation from co-worker - Did not inform management of problems - Tendered resignation…
Result:: Application dismissed ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Summary dismissal - Extended leave of absence - Whether entitled to demand position back upon return - Agreement between parties for leave of absence -…
Result:: Application dismissed ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: COSTS - Successful personal grievance - Legally aided - Substantial contribution to actual costs of $3,786 sought - No breakdown of costs provided - No award of full costs warranted…
Result:: Costs in favour of applicant ($1,000) ; Disbursements ($70)

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Poor performance - Whether dismissed or resigned - Meeting to discuss perceived shortcomings - Disputed whether given verbal warning - Alleged subsequently dismissed due to redundancy -…
Result:: Application granted ; Reimbursement of lost wages ($3,750)(One month) ; Compensation for humiliation etc ($3,000) ; Arrears of holiday pay (Quantum reserved) ; Consent order granted ; Costs reserved

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Fixed term employment contract entered into following sale of business - Alleged expectation contract would continue past expiry if good performance - Contract terminated on expiry -…
Result:: Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($3,000) ; Costs reserved