Determinations database

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Declaration sought that respondent in redundancy situation - Appeal against Tribunal determination concerning same parties to be…
Result:: Application granted ; Proceedings removed to Employment Court ; Costs to lie where they fall

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - Applicant signed two employment agreements but never received a signed copy - Carried out work…
Result:: Application granted ; Arrears of wages ($4,615.38) Arrears of holiday pay ($276.92) ; Reimbursement of lost wages ($11,944.46) ; Compensation for humiliation etc ($4,000) ; No order for costs

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissed after complaint from client of inappropriate touching - Series of meetings leading to dismissal - Allegations outlined - Advised that job in jeopardy…
Result:: Application granted in part ; Compensation for humiliation etc ($2,000) ; Costs to lie where they fall

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Negotiations for promotion - Applicant believed verbal fixed-term agreement had been reached - Miscommunication led to termination of negotiations by respondent - Whether binding agreement reached -…
Result:: Application granted in part ; Compensation for humiliation etc ($1,500) ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Proposed company takeover by respondent - Previous employer sent notices of termination to all staff - Respondent sent offers of employment to all non-management…
Result:: Application granted ; Referred to mediation ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Poor performance - Dismissed due to low sales figures - Not informed of performance concerns - Not advised that employment in jeopardy - Not given opportunity to…
Result:: Application granted ; Reimbursement of lost wages ($575)(one week) ; Compensation for humiliation ($4,000) ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Application to remove warning from record - Alleged warning unjustified - Excessive amount of product delivered to staff shop - Applicant one of four people involved but…
Result:: Application dismissed ; Costs reserved

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Whether substantively justified and procedurally fair - Dismissed for violating common decency when no apology given for speaking in rude and…
Result:: Application granted ; Reimbursement of lost wages ($3,360 reduced to $3,000) ; Compensation for humiliation etc ($3,000) ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: COSTS - Unsuccessful application for interim injunction - Total costs were $5,526.
Result:: Costs in favour of respondent ($1,600) ; Disbursements ($28.88)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: INTERIM INJUNCTION - Restraint of trade - Could not work for business in direct competition with applicant for 12 months after termination - Serious question to be tried - Whether…
Result:: Orders accordingly ; Costs reserved