Determinations database

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Poor performance - Inappropriate to refer parties to mediation - Unlikely to contribute constructively to resolving matter - Required to meet sales target during trial period -…
Result:: Application granted ; Reimbursement of lost wages ($1,920)(6 weeks) ; Compensation for humiliation etc ($2,000) ; Arrears of holiday pay ($155) ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether dismissed or resigned - Alleged hassled by supervisor - Discrepancy in time sheets - Failed to comply with company policy - Approached by…
Result:: Application dismissed ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: RAISING OF PERSONAL GRIEVANCE - Whether personal grievance submitted within 90-day period - Constructive dismissal grievance - Relevant date on which period began - Whether date of resignation or date…
Result:: Question answered in favour of applicant ; Grievance submitted in time ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - ï¾½ day investigation meeting - Applicant sought $500 as reasonable contribution to costs - Usually required to provide confirmation of actual costs - Not…
Result:: Costs in favour of applicant ($500) ; Disbursements ($70)(Filing fee)

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged resignation caused by breach of duty - Non-payment of contractual bonus - Alleged failed to qualify for bonus - Whether breach of sufficient…
Result:: Application dismissed ; Payment of bonus ordered ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Terms of settlement reached on parties' own initiative - Terms of settlement to be recorded by way of consent order - Terms of settlement and associated papers…
Result:: Application for consent order granted ; No order for costs

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: COMPLIANCE ORDER - Compliance with terms of mediated settlement sought - Agreement on disposal of application reached - Order that contribution be made - Publication of contents of mediated settlement…
Result:: Compliance order granted ; Costs in favour of applicant ($250)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance for respondent - Resigned after verbal abuse from managing director - Continued beyond tolerable point - Extreme abuse occurred in front of…
Result:: Application granted ; Reimbursement of lost wages ($7,500)(6 months) ; Compensation for humiliation etc ($8,000) ; Costs in favour of applicant ($7,729.70)

P R Stapp [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - No appearance for respondents - Constructive dismissal - Alleged resigned after wages not received - Alleged verbally abused during course of employment - Failure to pay wages…
Result:: Application granted ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($2,929.86) ; Arrears of holiday pay ($307.79) ; Costs in favour of applicant ($70)(Filing fee)

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Contribution of $2,644 sought to total costs of $3,778 - One day hearing - Personal financial circumstances to be taken into account - Additional…
Result:: Costs in favour of respondent ($500)