Determinations database

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether constructive dismissal - Whether demoted to assistant manager - English second language - Another employee hired at same time to assist in manager's role - Both…
Result:: Application dismissed (Unjustified dismissal) ; Appliction dismissed (Penalty) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Whether dismissed - Applicant told she was not competent of her position's new duties and that employment terminated - Termination by redundancy amounted to a…
Result:: Application granted in part ; Reimbursement of lost wages ($8,832) ; Compensation for hurt and humiliation ($4,000) ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Publication of applicant's identity prohibited - No appearance for respondents - No statements in reply filed - Representative of third respondent overseas - No request to…
Result:: Application granted in part ; Reimbursement of lost wages ($600)(One week) ; Compensation for humiliation ($3,500) ; Arrears of holiday pay ($6,769) ; Costs in favour of applicant ($1,500)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: COMPLIANCE ORDER - Compliance with terms of mediated settlement sought - No appearance for respondent - Stated could not appear as father seriously ill - Evidence did not support reason…
Result:: Orders accordingly ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Fixed-term contract - Hired to assist in extra work over Christmas - Office assistant resigned - Required to undertake office duties until permanent employee appointed - Second…
Result:: Application dismissed ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Settlement reached by consent - Agreement to be full and final settlement - Terms of agreement were confidential
Result:: Consent order granted ; No order for costs

A Dumbleton [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Settlement reached by consent during Authority investigation - Terms of settlement confidential - Determination superseded previous ruling of Authority
Result:: Consent order granted ; No order for costs

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Chairperson of station committee instructed manager to dismiss applicant - Whether casual or permanent part-time employment status - Document headed Permanent Part Time Employee not determinative of…
Result:: Application dismissed ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - No appearance for respondent - Observed argument between managing director and receptionist - Was told 20 minutes later to leave company within two weeks - Given no…
Result:: Application granted ; Reimbursement of lost wages ($7,500)(3 months) ; Compensation for humiliation etc ($2,500) ; Arrears of wages ($576.92) ; Arrears of holiday pay ($688.80) ; Arrears of statutory holiday pay ($673.07)(6 days) ; Disbursements in favour of applicant ($70)(Filing fee) ; No order for costs

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: COSTS - Authority determined it had no jurisdiction to investigate substantive problem - Contribution of $3,719 to total costs of $7,437 sought - Issue concerning applicant's ability to pay -…
Result:: Costs in favour of respondent ($1,500)