Determinations database

N Taylor [Employment Relations Authority - Christchurch]

Summary:: CONSENT ORDER - Full and final settlement reached during investigation meeting - Authority to record terms of settlement - Respondent to pay agreed sum to applicant - No admission of…
Result:: Consent order granted ; No order for costs

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: BREACH OF CONTRACT - Restraint of trade - Disputed whether employment contract signed - No restraint of trade in original contract - Employment contracts standardised - Contained new bonus scheme…
Result:: Application granted ; Damages ($5,890) ; Penalty in favour of applicant ($2,000) ; Penalty in favour of Crown ($2,000) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES - Whether entitlement to redundancy compensation - Part-time position disestablished - Declined change in hours due to domestic responsibilities - Genuine redundancy situation - Declined offer of…
Result:: Application dismissed ; Costs reserved

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application to reopen investigation - Investigatory meeting unnecessary - Arrears of holiday pay - Alleged already paid - Wage records showed payment for whole period of…
Result:: Application dismissed ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: BREACH OF CONTRACT - Applicant left employment and set up own business - Approached prospective clients including respondent's clients - Declaration that activities not in breach of confidentiality provisions in…
Result:: Application adjourned ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Alleged discrimination on grounds of sex - Applicant granted parental leave - Respondent went through process of recruiting temporary replacement - Discovered that plenitude of…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: BREACH OF CONTRACT - Alleged unilateral variation of hours - Employed on full time basis - Hours reduced following parental leave - Alleged reasonable expectation to return to reduced hours…
Result:: Application dismissed ; No order for costs

N Taylor [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Disputed working hours over Anzac Day - Matter settled at mediation - Received letter from respondent alleging applicant had admitted to lying during mediation…
Result:: Application granted ; Reimbursement of lost wages ($8,124.99)(3 months) ; Compensation for humiliation etc ($12,000) ; Penalty in favour of the Crown ($500) ; Costs reserved

D Asher [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Parties agreed to terms of settlement - Authority separately recorded terms - Publication of terms prohibited
Result:: Consent order granted ; Orders accordingly ; No costs

S Bathgate [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND RECOVERY OF OTHER MONIES - No appearance for respondent - Verbal employment contract - Wages due and owing - Payments for food, accommodation, transport and cellphone…
Result:: Application granted ; Arrears of wages ($3,015) ; Arrears of expenses ($1,000)(food and telephone) ; Disbursements ($150)(filing fee and travel expenses)