Determinations database

J Wilson [Employment Relations Authority - Auckland]

Summary:: BREACH OF CONTRACT - Whether respondent wrongfully repudiated employment contact - Respondent terminated contract - Alleged constructive dismissal - No provision in contract for respondent's termination by notice - Whether…
Result:: Application granted ; Damages ($6,700) ; Penalty ($1,000)(payable to applicant) ; Penalty ($1,000)(payable to Crown) ; Costs reserved

N Taylor [Employment Relations Authority - Christchurch]

Summary:: COSTS - Successful respondent sought reasonable contribution to costs - Actual costs of $4,016 - Test case - Brief investigation meeting - Marginally complex case - Legal question heard as…
Result:: Costs to lie where they fall

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Whether dismissed or resigned - Fixed term employment agreement - Purpose of agreement to assess whether to exercise option to purchase - Deterioration of relationship between applicant…
Result:: Application granted ; Reimbursement of lost wages ($4,500 reduced to $4,110) ; Compensation for humiliation etc ($6,500) ; Quantum of holiday pay owed remitted to parties for determination ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Jurisdiction - No appearance for respondent - Working conditions altered without consultation - Whether employee or independent contractor - Whether franchise arrangement - Subject to high level of…
Result:: Application dismissed ; No order for costs

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS - Application for arrears of wages - Payment made in respect of unpaid wages - Put to expense of filing application - Entitled to reimbursement of fee
Result:: Costs in favour of applicant ($70)

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Summary dismissal - Serious misconduct - Used membership files to exchange jokes - Whether unauthorised alteration of membership files and falsification of information - Offensive language -…
Result:: Application dismissed ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: JURISDICTION - Whether employee or independent contractor - Signed document titled Terms and conditions for subcontractors and employees" - Deducted withholding tax - Responsible for own ACC payments - Provided…
Result:: Application granted ; Arrears of holiday pay ($194.64) ; Reimbursement of lost wages ($1,890)(3 weeks) ; Reimbursement of holiday pay ($113.40)(Notice) ; Compensation for humiliation etc ($1,000) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Theft - Missing stock - Private investigator employed - Security camera set up - Concluded applicant was involved - Meeting carried out like criminal…
Result:: Application granted ; Contributory conduct reduced remedies to nil ; Costs to lie where they fall

P R Stapp [Employment Relations Authority - Wellington]

Summary:: CONSENT DETERMINATION - Failure to comply with settlement reached in mediation - Respondent conceded monies due and owing - Parties directed back to mediation - Agreed terms to settle matter…
Result:: Consent order granted

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Constructive dismissal - Respondent merged with new company - Redundancy was to be paid if suitable alternative employment not offered - Applicant's position ceased to…
Result:: Application granted ; Redundancy compensation (To be determined by parties' contractual formula) ; Compensation for humiliation etc ($5,000) ; Costs reserved