Determinations database

D King [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for removal to Employment Court - Parties consented to removal - Alleged constructive dismissal - No serious complexity - Number of witnesses, size and importance…
Result:: Application granted ; Proceedings removed to Employment Court ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Alleged failure to follow safety requirements, falsifying time sheets and refusal to follow a lawful and reasonable instruction to take breaks…
Result:: Application dismissed ; Costs reserved

S Bathgate [Employment Relations Authority - Wellington]

Summary:: COSTS - Successful personal grievance - 1ï¾½ day hearing - Contribution to costs of $10,500 sought - Respondent filed challenge to determination in Employment Court - Greater preparation than usual…
Result:: Application granted ; Costs in favour of applicant ($6,500)

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Discovery - Disclosure of documents - Whether certain documents were covered by privilege - Privilege to be construed narrowly - Documents relating to the applicant’s bargaining…
Result:: Application granted in part ; Orders accordingly ; No order for costs

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Summary dismissal - Incompatibility with colleagues - Self managing team - Alleged conduct was obstacle to dealing with performance issues - Whether dismissal on the ground of…
Result:: Application dismissed ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISADVANTAGE - Demotion and reduction in remuneration - No choice but to accept demotion - First respondent was unreliable witness - Serious allegations against applicant not substantiated - Conduct…
Result:: Application granted ; Reimbursement of lost wages ($8,664) ; Compensation for humiliation etc ($5,000) ; Arrears of wages ($186.93)(Unauthorised deductions) ; Arrears of holiday pay ($6,564.69) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Application for removal to Employment Court - Parties consented to removal - Court already had before it proceedings involving the same parties and related issues -…
Result:: Application granted ; Proceedings removed to Employment Court ; No order for costs

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE - Downturn in business - Discussion about change to contract for services - Whether contract of service actually changed to contract for services - Substantial changes to employment…
Result:: Application granted ; Reimbursement of lost wages ($1,260) ; Compensation for humiliation etc ($5,000) ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine redundancy - Disestablishment of position legitimate - New position substantially different to old position - Consultation was extensive and provided adequate information -…
Result:: Application granted ; Compensation for loss of benefit ($4,750) ; Compensation for humiliation etc ($6,000) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - ï¾½ day hearing - Contribution to costs of $2,790 sought - No complex issues - Case efficiently argued
Result:: Costs in favour of respondent ($1,440)