Determinations database

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)

D King [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Agreement as to costs reached - Costs to lie where they fall - Applicant not to file an appeal - Authority to record agreement as consent order
Result:: Consent order granted ; No order for costs

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Absent due to illness - Attempted to contact applicant during sick leave - Refused attempt to return to work - Required certification of fitness…
Result:: Application granted ; Reimbursement of lost wages ($1,789)(13 weeks) ; Compensation for humiliation etc ($3,000) ; Arrears of wages ($611.98) ; Costs in favour of applicant ($1,500)

J Wilson [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Whether employed by new company - Original employer merged with another to form new company - Whether offered and accepted positions with new company or continued to be…
Result:: Application dismissed ; Redundancy compensation owing to first and second respondents (Quantum to be determined by parties) ; Orders accordingly ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - No appearance for respondent - Compliance with terms of mediated settlement sought - Payment withheld after alleged breach of confidentiality clause - No authority to withhold payment…
Result:: Compliance order granted ; Costs in favour of applicant ($750)(Including filing fee)

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Files with pornographic material discovered on applicant's computer - Policy that storage of pornographic material on work computers constituted serious misconduct - Fair notice…
Result:: Application granted ; Reimbursement of lost wages (Actual loss of nearly three months to be calculated by parties) ; Loss of benefit (Quantum to be calculated by parties)(Superannuation) ; Compensation for humiliation etc ($3,000) ; Costs reserved