Determinations database

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: INTERIM INJUNCTION - Restraint of trade clause - Respondents resigned - Clause applied following termination by the employer" - Whether serious question to be tried - Balance of convenience -…
Result:: Application dismissed ; Costs to lie where they fall

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Oral employment agreement - Whether accommodation and meals in lieu of wages - No agreement on deduction in respect of board - Lodgings" in s7 Minimum…
Result:: Application granted ; Arrears of wages ($497.13) ; No order for costs

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Missed initial day of telephonist training - Warned that unless performance improved position jeopardised - Formal review specified poor performance and gave opportunity to…
Result:: Application dismissed ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Employed by temporary labour agency and placed in factory work - Complaint from co-worker that applicant peeped in ladies toilets - Respondent interviewed applicant…
Result:: Application dismissed ; No order for costs

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Allegation of theft - Applicant reported by shop manager to have stolen shop merchandise - No transaction recorded in staff purchase book - Applicant…
Result:: Application granted ; Reimbursement of lost wages ($6,000) ; Compensation for humiliation etc ($5,000) ; Costs in favour of applicant ($1,326) ; Disbursements ($70)(filing fee)

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Genuine restructuring - Bound by good faith - Consulted applicant openly and honestly - Considered alternatives - Provided information - Effort to minimise impact on…
Result:: Application dismissed ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PARENTAL LEAVE - Whether temporary replacement reasonably practicable - Declined to hold position open - Alleged that training too intensive and pressure on remaining staff too great - Duties not…
Result:: Application granted ; Orders accordingly ; No order for costs

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Conflict of interest - Breach of contract - Notified of sale of part of business and possible redundancies - Applicant made offer to purchase - Decision made…
Result:: Application granted ; Compensation for humiliation etc ($3,000 reduced to $1,500) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Urinated on barbecue at staff function - Attempted to urinate on and assault co-worker - Dismissed after investigation - Inquiry fairly conducted - Open…
Result:: Application dismissed ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: PERSONAL GRIEVANCE - Dismissal - Assaulted by respondent while working out notice period - Damaged respondent's car - Settlement reached over arrears of wages claim - Assault not justified by…
Result:: Application granted ; Compensation for humiliation ($2,750)(Including filing fee)