Determinations database

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - No appearance for respondent - Constructive dismissal - Alleged failure to pay salary forced resignation - Obvious breach of contract led to resignation - Arrears of salary…
Result:: Application granted ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($26,000) ; Arrears of holiday pay (Quantum to be calculated by parties) ; Costs in favour of applicant ($500)

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Undertook review of future direction and structure - Strategy document produced but not shown to applicant - Applicant's position disestablished and two new positions formed…
Result:: Application granted ; Compensation for humiliation etc ($8,000) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Jurisdiction - Whether employee or independent contractor - Originally employed as independent contractor - Position changed but no employment contract signed - Fixed hours and pay -…
Result:: Application granted ; Reimbursement of lost wages ($2,800)(3 months) ; Compensation for humiliation etc ($2,000) ; No order for costs

P R Stapp [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE - Given warning after complaints of sexual harassment - Told female colleagues he had dreamed about them - Full and fair investigation - Whether respondent entitled to conclude…
Result:: Application dismissed ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER - Mutually agreed terms of settlement - Papers to be sealed - Non-publication ordered
Result:: Consent order granted ; Orders accordingly ; No order for costs

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Alleged unjustified action to detriment of applicant - Transferred from specialised teaching position to general classroom teacher - Had taught art for 18 years - Transfer led…
Result:: Application granted in part ; Orders accordingly ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: DISPUTE - Application or operation of collective employment contract - Strike notices issued after failed to reach agreement on renewal of CEC - Whether current CEC expired or continued according…
Result:: Questions answered in favour of applicant ; No order for costs

N Taylor [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES - Alleged unlawful deduction - Training in America offered as part of employment package - Given sum of money for trip - Whether required to pay money…
Result:: Application dismissed ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: RESTRAINT OF TRADE - Application to enforce restraint of trade - Approached by competitor while employed by applicant - Resigned and completed notice period on garden leave - Commenced employment…
Result:: Application granted ; Restraint of trade clause modified ; Costs reserved

S Bathgate [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Whether dismissal procedurally and substantively unjustified - Commenced employment as casual employee - Obtained second job with another employer - Position with respondent changed to full time…
Result:: Application dismissed ; Costs reserved