Determinations database

J Wilson [Employment Relations Authority - Auckland]

Summary:: COSTS - Successful personal grievance - Contribution of $6,000 sought to costs of $9,012 - One day investigation meeting - Exceptional award not warranted
Result:: Costs in favour of applicant ($2,000) ; Disbursements ($595)

D Asher [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Application for removal to Employment Court - Alleged breach of contract for failure to reappoint - Fixed term contract - Jurisdiction - Important questions of law…
Result:: Application granted ; Proceedings removed to Employment Court ; Costs reserved

A Dumbleton [Employment Relations Authority - Christchurch]

Summary:: DISPUTE - Whether permanent and ongoing employment - Whether entitled to redundancy compensation - Temporary employees not entitled to redundancy pay - Employment terminated due to cessation of funding -…
Result:: Application granted ; Orders accordingly ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Alleged disclosure of confidential information - Whether applicant dismissed or resigned - Allegations admitted in meeting prior to being advised to seek independent representation - Letter of…
Result:: Application granted ; Compensation for humiliation etc ($2,000) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Purported settlement at mediation - Breakdown in communication - No agreement concluded - UNJUSTIFIED DISMISSAL - Whether redundancy genuine - Whether respondent acted as a fair and reasonable…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: ARREARS OF WAGES - Ceased employment due to non payment of wages - Credibility - Applicant's evidence preferred - Wages due and owing - Agreement between parties as to contribution…
Result:: Application granted ; Arrears of wages ($2,138.34) ; Costs in favour of applicant ($2,444.43)

S Bathgate [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - No appearance for respondent - Absence from work due to illness - Dismissed while dining in restaurant - No warning given - Final cheque dishonoured - Financial…
Result:: Application granted ; Arrears of wages ($615) ; Arrears of Holiday pay ($256.17) ; Reimbursement of lost wages ($7,995)(3 months) ; Reimbursement of cheque clearance fee ($25) ; Compensation for humiliation etc ($6,000) ; Costs in favour of applicant ($1,382)

J Wilson [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Wages reduced - Whether respondent led to believe applicant held a heavy traffic licence - Assumption resulting from misunderstanding - Respondent not deliberately misled - Licence…
Result:: Application granted (Arrears of wages) ; Orders accordingly ; Application dismissed (Unjustified dismissal) ; Costs to lie where they fall

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: INTERIM INJUNCTION - Restoration of salary sought - Enhanced salary for defined period due to pending retirement - Agreement that salary would not abate or increase - Requirement to retire…
Result:: Application granted ; Orders accordingly ; No order for costs

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Respondent acknowledged monies due and owing - Accountant was on holiday - Unable to access account to withdraw money for payment - Further…
Result:: Application granted ; Arrears of wages and holiday pay ($1,038.25) ; Costs in favour of applicant ($70)