Determinations database

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: COSTS - Unsuccessful personal grievance - Contribution of 80 percent sought to total costs of $11,500 - Two Calderbank offers rejected - Calderbank offers not implicit recognition of liability by…
Result:: Costs in favour of respondent ($5,000)

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Poor performance - Serious misconduct - Letter of termination alleged low level of sales rendering employment unprofitable - No opportunity to respond - Alleged at hearing that…
Result:: Application granted ; Reimbursement of lost wages ($12,500 reduced to $7,500) ; Compensation for humiliation etc ($4,000 reduced to $2,400) ; Arrears of holiday pay (Quantum to be determined by parties) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: JURISDICTION - Whether employee or independent contractor - Claims dismissed against first and third respondents as no contractual arrangements with those parties - Advised during initial presentation of job that…
Result:: Application dismissed ; No order for costs

P R Stapp [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Determination of preliminary issue - Respondent purported in statement of reply to join union as party - Settlement previously reached between applicant, respondent and union -…
Result:: Question answered accordingly ; Proceedings adjourned ; Costs reserved

N Taylor [Employment Relations Authority - Christchurch]

Summary:: CONSENT ORDER - By consent applicant withdrew claims - Matter discontinued - Terms of settlement became orders of Authority - Terms of settlement to remain confidential
Result:: Consent order granted ; No order for costs

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - No appearance for respondent - Unauthorised absence from work - Too drunk to drive to work - No means of notifying respondent - Reasonably…
Result:: Application granted ; Reimbursement of lost wages (3 months reduced to 10 weeks) ; Compensation for humiliation ($2,000) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: COSTS - Successful personal grievance - Union incurred costs representing applicant - Costs to follow event - Sought contribution of $2,500 to total costs of $2,855 - Contribution sought reasonable
Result:: Costs in favour of applicant ($2,500)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged unilateral variation of agreement caused resignation - Respondent board concerned with membership numbers - Complaints received about applicant's manner - Committee appointed to…
Result:: Application dismissed (Unjustified dismissal) ; Orders accordingly ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Breach of good faith - Restructuring report - Whether Council had duty to consult applicant before general…
Result:: Application granted ; Proceedings removed to Employment Court ; No order for costs

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious Misconduct - Whether decision to dismiss open to fair and reasonable employer - Abusive and racist comment made about supervisor - Comments made within confines of…
Result:: Application dismissed ; Costs reserved