Determinations database

A Fitzgibbon [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Authority considered removal of matter to Employment Court (“EC”) on ground in all circumstances matter should be determined by EC
Result:: Application granted ; No order for costs

E Robinson [Employment Relations Authority - Auckland]

Summary:: PENALTY – Applicant sought penalty for respondent’s failure to comply with the Holiday’s Act 2003 (“HA”)
Result:: Application granted ; Penalty ($20,000)(Payable to applicant) ; Costs in favour of applicant ($2,250) ; Disbursements in favour of applicant ($71.56)

M Loftus [Employment Relations Authority - Wellington]

Summary:: COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – PENALTY – Applicant sought penalty for respondent’s failure to comply with ROS – COSTS – Applicant sought…
Result:: Application granted ; Orders made ; Interest payable (5%) ; Penalty ($1,500)(payable to Crown) ; Costs in favour of applicant ($795 ) ; Disbursements in favour of applicant ($71.56)(filing fee)

V Campbell [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – COUNTERCLAIM – PENALTY – GOOD FAITH – Respondent sought penalty for applicant’s breach of good faith –…
Result:: Applications dismissed ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE – Identity of employer – Whether applicant employed by first respondent or second respondent – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent…
Result:: Application granted ; Reimbursement of lost wages ($7736.55) ; Compensation for humiliation etc ($6,000) ; Costs reserved

T Tetitaha [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER – Parties reached an agreement on terms of settlement at the investigation meeting – Terms of settlement to be orders of Authority – Order prohibiting publication of terms…
Result:: Consent order granted ; Orders accordingly ; No order for costs

M Loftus [Employment Relations Authority - Wellington]

R Arthur [Employment Relations Authority - Auckland]

A Dallas [Employment Relations Authority - Christchurch]

T Tetitaha [Employment Relations Authority - Auckland]

Summary:: COSTS – Unsuccessful application to reopen matter – One day investigation meeting – Respondent sought $1,820 contribution towards costs – Authority found appropriate to further reduce costs by one…
Result:: Costs lie where they fall