Determinations database

E Robinson [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance claim - No investigation meeting - Respondent sought contribution to costs - No reason to award costs for mediation - Applicant to pay respondent $1,750…
Result:: Costs in favour of respondent ($1,750)

P van Keulen [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court on ground important question of law likely to arise – Whether Authority can refuse to issue witness summons
Result:: Application dismissed ; Costs reserved

V Campbell [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Redundancy – Incapacity - Applicant claimed unjustifiably disadvantaged by failure to provide safe working environment and failure to complete ACC documentation - Applicant claimed…
Result:: Application granted (unjustified dismissal) ; Compensation for humiliation etc ($7,000) ; Application partially granted (unjustified disadvantage) ; Costs reserved

A Fitzgibbon [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful joinder application - Applicant sought costs against proposed second respondent - Proposed second respondent sought costs against applicant - Costs to lie where they fall
Result:: Costs to lie where they fall

P van Keulen [Employment Relations Authority - Christchurch]

Summary:: BREACH OF CONTRACT – Applicant sought payment of redundancy compensation – Whether disestablishment of role redundancy situation – Distribution manager
Result:: Application granted ; Compensation for redundancy (quantum to be determined) ; Costs reserved

C Hickey [Employment Relations Authority - Christchurch]

Summary:: BREACH OF CONTRACT – Applicant sought damages for loss incurred as a result of respondent’s lack of communication over injury and inability to lessen impact of respondent’s absence from work…
Result:: Application dismissed; No order for costs.

A Fitzgibbon [Employment Relations Authority - Auckland]

N Craig [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY – Applicant sought arrears of wages and holiday pay – Deductions from wages – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of…
Result:: Applications granted (arrears of wages)(counterclaim – recovery of monies) ; Arrears of wages ($11,305) ; Arrears of holiday pay ($4,865.60) ; Recovery of monies ($1,348.38) ; Application dismissed (breach of contract) ; Costs reserved

T MacKinnon [Employment Relations Authority - Wellington]

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

C Hickey [Employment Relations Authority - Christchurch]

Summary:: COSTS - Successful personal grievance claim - One day investigation meeting - Applicant sought contribution to costs - Appropriate to apply notional daily tariff - Respondent to pay applicant $3,500…
Result:: Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($71.56)(filing fee)