Determinations database

N Taylor [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Genuine redundancy - Sale and purchase of business - Offered and accepted employment with respondent purchaser - Restructuring - Applicant transferred and employment contract varied - Reduction…
Result:: Application granted ; Compensation for humiliation etc ($3,000) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Agreement concluded with contractors after trial period - All telemarketers' positions became redundant including applicant's - At meeting telemarketers told of decision and reasons for…
Result:: Application granted ; Reimbursement of lost wages ($980) ; Compensation for humiliation etc ($1,000) ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: COSTS - Withdrawn personal grievance application - Parties attended mediation after telephone conference with Authority - Respondent incurred costs in preparation for proceedings - Ill feeling between parties and enthusiasm…
Result:: Costs in favour of respondent ($300)

G J Wood [Employment Relations Authority - Wellington]

Summary:: INTERIM INJUNCTION - Restraint of trade clause - Whether clause applied to respondent - Clause applied to ex-employees working as contractors - Respondent worked for new company as employee -…
Result:: Application dismissed ; Costs reserved

S Bathgate [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance for respondent - Employed as executive chef - At meeting applicant given letter raising performance concerns - Letter stated that executive chef…
Result:: Application granted ; Reimbursement of lost wages ($10,817.30) ; Compensation for humiliation etc ($5,000) ; Arrears of holiday pay ($1,298.07) ; No order for costs

N Taylor [Employment Relations Authority - Christchurch]

Summary:: CONSENT ORDER - Settlement reached at end of first day of investigation meeting - Terms of settlement remained confidential - Terms of settlement became Authority's orders by consent
Result:: Orders accordingly ; No order for costs

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - No good cause shown for absence- Failure by respondent to supply time and wage records - Claim made…
Result:: Application granted ; Arrears of wages ($1,440) ; Arrears of holiday pay ($1,619.50) ; Disbursements ($70)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - No appearance for respondent - Breach of mediated settlement - Wrong party named on mediated settlement - Respondent was correct party to settlement - Settlement monies not…
Result:: Compliance order granted ; No order for costs

J Wilson [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - One-day investigation meeting - Contribution of $1,500 to total costs of $3,989 sought - Applicant's financial position considered - Appropriate contribution of $750 ordered
Result:: Costs in favour of respondent ($750)

N Taylor [Employment Relations Authority - Christchurch]

Summary:: COSTS - Unsuccessful personal grievance - 1ï¾½ day investigation meeting - Significant proportion" of total fees of $10,000 sought - Minor recognition of applicant's financial circumstances - Reasonable contribution appropriate"
Result:: Costs in favour of respondent ($2,000)