Determinations database

P van Keulen [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF HOLIDAY PAY - Applicant sought arrears of holiday pay, KiwiSaver contributions and student loan payments
Result:: Application granted ; Arrears of holiday pay ($2,703.63) ; Interest payable (5%) ; Arrears of KiwiSaver contributions and student loan payments (quantum to be determined)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE – Admissibility of evidence – Whether transcripts of recordings taken without respondent’s permission admissible
Result:: Application partially granted ; No order for costs

T Tetitaha [Employment Relations Authority - Auckland]

Summary:: PENALTY - Applicant sought penalty for respondent’s breach of settlement agreement – Whether ex-employee’s partner made disparaging remarks about applicant to third party
Result:: Application dismissed ; Costs reserved

T MacKinnon [Employment Relations Authority - Wellington]

Summary:: DISPUTE – Parties disputed whether respondent properly applied mechanism for salary increases in collective agreement (“CEA”) – GOOD FAITH – Applicant claimed respondent breached good faith by failing genuinely to…
Result:: Application dismissed (good faith) ; Questions answered in favour of respondent ; Costs reserved

C Hickey [Employment Relations Authority - Christchurch]

Summary:: PENALTY – Applicant sought penalty for failure to provide wages, time and holiday records on request
Result:: Application granted ; Penalty ($3,500)(payable to Crown) ; Costs reserved

C Hickey [Employment Relations Authority - Christchurch]

Summary:: PENALTY – Applicant sought penalty for failure to provide wages, time and holiday records on request
Result:: Application granted ; Penalty ($3,500)(payable to Crown) ; Costs reserved

T Tetitaha [Employment Relations Authority - Auckland]

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

T Tetitaha [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER – Parties reached agreement on costs - Applicant to pay respondent $6,000 contribution to costs
Result:: Consent order granted ; Orders accordingly ; Costs in favour of respondent ($6,000)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE – Applicant sought to remove matter to Employment Court (“EC”) on ground important question of law likely to arise and in all circumstances matter should be removed…
Result:: Application dismissed ; Costs reserved

R Arthur [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE – Applicant sought setting aside of settlement agreement (“SA”) signed under section 149 – Whether possible to set aside SA on grounds of diminished capacity
Result:: Application dismissed ; Costs reserved