Determinations database

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)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Disagreement over agreed rate of pay - Respondent in poor financial position - Alleged agreed to accept lower rate of pay - Remainder to be repaid…
Result:: Application dismissed ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Parental leave - Whether obligation to keep position open while having child - Position redundant while on maternity leave - New position offered but no…
Result:: Application granted ; Arrears of holiday pay ($1,036.80) ; Compensation for humiliation etc ($1,000) ; Costs in favour of applicant ($70)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: SUPPLEMENTARY DETERMINATION - Arrears of wages - Matter raised with Authority after investigation - Investigation required to be reopened - Parties agreed arrears due and owing - Sum of $5,000…
Result:: Orders accordingly ; No order for costs

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether redundant - Whether redundancy compensation owing - Advised projected workload was low - Offered 2 weeks' wages - Advised not yet redundant - Redundancy only imminent…
Result:: Application dismissed ; Costs to lie where they fall