Determinations database

S Bathgate [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Alleged unfair and biased redundancy process - Choice of selection process and selection criteria given to staff - Voluntary redundancy - Information on individual redundancy…
Result:: Application granted ; Reinstatement ordered ; Compensation for humiliation etc ($5,000) ; No order for costs

G J Wood [Employment Relations Authority - Wellington]

Summary:: ARREARS OF WAGES - No appearance for respondent - No good cause for failure to appear - Respondent earlier agreed by conference call that wages were owed - Respondent contacted…
Result:: Application granted ; Arrears of wages ($8,919.26)(14 weeks) ; No order for costs

J Wilson [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful interim reinstatement claim - Successful personal grievance - Contribution of $2,200 to costs sought - Costs application 2 months out of time - No application for leave…
Result:: Application dismissed ; No order for costs

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - No appearance for one applicant - Unable to determine full arrears claim - Statement of reply filed out of time - Time and…
Result:: Application granted ; Arrears of wages (JWB)($638.05) (RM)($228) ; Arrears of holiday pay (JWB)($1,095.38) (RM)($695.31) (PM)($1,007.04) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Alleged offered and accepted position for self and son after second interview - Informed position no longer available due to restructuring - Whether employment relationship formed -…
Result:: Application dismissed ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Joint application for removal of proceedings to Employment Court - Alleged unilateral reduction of salary - Interim order restoring salary previously granted - Challenge against interim…
Result:: Application granted ; Proceedings removed to Employment Court ; No order for costs

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: COSTS - Costs submissions filed out of time by applicant - No objection to late filing by respondent - Time extended - Successful personal grievance - One day investigation meeting…
Result:: Costs in favour of applicant ($1,500) ; Disbursements ($1,465.76)

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - No appearance for respondent - Employed during negotiations for new premises - No written contract - Assurances for future given - Dismissed when negotiations failed - No…
Result:: Application granted ; Reimbursement of lost wages ($400) ; Compensation for humiliation etc ($4,000) ; Penalty payable to applicant ($1,000) ; Costs in favour of applicant ($270)(Including filing fee)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Supplementary order - Anton Piller order and interim injunction issued and executed - Permanent suppression order - Reputation of parties likely to be harmed - Substantive…
Result:: Orders accordingly ; Consent order granted ; No order for costs

G J Wood [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Interlocutory application for proceedings to be transferred from Wellington to Christchurch - Respondent's head office in Christchurch - Majority of staff who were members of applicant…
Result:: Application dismissed ; Orders accordingly ; No order for costs