Determinations database

S Bathgate [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Annual leave application rejected on basis that applicant had recently returned from conference leave - Declined to reconsider rejection - Failed to turn up…
Result:: Application granted ; Reimbursement of lost wages (13 weeks reduced to 6.5 weeks) ; Compensation for humiliation etc ($4,500 reduced to $2,250) ; Costs reserved

D Asher [Employment Relations Authority - Auckland]

Summary:: COSTS - Partially successful breach of contract claim - Partially successful personal grievance - 1ï¾½ day investigation meeting - 2/3 contribution to total costs and disbursements of $8,650 sought -…
Result:: Costs in favour of applicant ($3,000) ; Disbursements ($1,226.86)

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Misconduct - Whether dismissed or resigned - No written employment agreement - Told respondent at pre-employment interview that he was fully qualified and had no criminal convictions…
Result:: Application granted in part ; Penalty ($500)(Crown) ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Sexual harassment - Applicant romantically pursued married co-worker - Playful flirtations reciprocated until co-worker felt uncomfortable about level of attention - Told co-worker he…
Result:: Application dismissed ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Two applications by two groups of applicants heard together for convenience - Non-appearance of two applicants - One applicant's claim adjourned - One applicant's claim dismissed…
Result:: Application dismissed (WEA 290/01 & SG) ; Application granted (WEA 380/01) ; Application adjourned (KN) ; Application withdrawn (JH & KK) ; Reimbursement of lost wages (Quantum to be determined by parties)(RB, LR & JS) ; Compensation for humiliation etc ($4,000)(RB) ; ($4,000)(LR) ; ($4,000)(JS) ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - Contribution of $1000 sought to total costs - Respondent soon to be placed in receivership - Not in receivership at time of costs determination…
Result:: Costs in favour of applicant ($700) ; Disbursements ($70)

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Concerns that applicant had presented false overtime claims - Application for voluntary redundancy put on hold - Requested to attend meeting and informed of…
Result:: Application dismissed ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful arrears claim and unsuccessful personal grievance - Application to reopen investigation declined - Respondent sought award of costs - Applicant legally aided - No exceptional circumstances -…
Result:: Application dismissed ; No order for costs

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Arrears of wages and personal grievance claim heard concurrently - Arrears claim predated enactment of Employment Relations Act 2000 - Hearing convened by Authority acting as…
Result:: Application dismissed ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Parties reached agreement on terms of settlement - Recorded by way of consent order - Order prohibiting publication of terms of settlement and any associated papers
Result:: Consent order granted ; Orders accordingly ; No order for costs