Determinations database

N Taylor [Employment Relations Authority - Christchurch]

Summary:: JURISDICTION - Redundancy - Test case - Whether Authority could set level of redundancy payment - Negotiation of redundancy payment provided in contract - No jurisdiction to fix terms and…
Result:: Application dismissed ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: JURISDICTION - When cause of action arose - Abandonment of employment - Caused business to lose income - Whether claim pre-dated ERA - Employment terminated by letter no later than…
Result:: Application dismissed ; Claim failed for lack of jurisdiction

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Negotiations for respondent to buy applicant's business - Offer of 2-year employment contract in return for ownership of business - No written agreement or formal acceptance…
Result:: Application deferred ; Referred to mediation ; No order for costs

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged racial and sexual discrimination - Whether failed to promote due to race and sex - Credibility - Conflicting evidence - Applicant's account more…
Result:: Application granted ; Compensation for humiliation etc ($15,000) ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Genuine redundancy - Sale of business - Failure to inform staff of proposal to sell business - Failure to act in good faith - Denied opportunity for…
Result:: Application granted ; Reimbursement of lost wages ($442.40)(Sick leave deducted from payment in lieu) ; Compensation for humiliation etc ($2,000) ; Costs reserved

N Taylor [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Whether constructive dismissal - Applicant immigrated for community based position - Employed in hospital ward - Respondent denied community position offered - Alternative remedies available - Genuine…
Result:: Application for unjustified dismissal dismissed ; Application for unjustified disadvantage granted ; Compensation for humiliation etc ($9,000) ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether employee or independent contractor - Jurisdiction - Began relationship as contractor - Serviced number of clients - Subsequently began full time employment with respondent - Evidence…
Result:: Application granted ; Arrears of holiday pay ; Reimbursement of lost wages and holiday pay (4 weeks) ; Compensation for humiliation etc ($2,000) ; Costs to lie where they fall

D Asher [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Whether right to cross-examine unfettered - Application opposed - Whether open to Court to regulate Authority -…
Result:: Orders accordingly ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Approximately one hour investigation meeting - Company not represented by professional advocate - No breakdown of costs - Mediation costs not recoverable - Costs…
Result:: Application dismissed ; No costs awarded

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Employed on 3 month trial period - Failure to provide formal reviews - Given list of concerns - One month's notice given by…
Result:: Application granted ; Arrears of wages ($1,349.57) ; Costs to lie where they fall