Determinations database

R Larmer [Employment Relations Authority - Auckland]

Summary:: PENALTY - GOOD FAITH - Applicant sought penalty for respondent's breach of good faith duty - UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Early…
Result:: Applications granted (unjustified dismissal)(arrears of holiday pay) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($8,000) ; Arrears of holiday pay (quantum to be determined) ; Applications dismissed (penalty)(good faith) ; Costs reserved

T G Tetitaha [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Applicant and first and second respondents reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting…
Result:: Consent order granted ; Orders accordingly ; No order for costs

R Arthur [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Applicant sought compliance with improvement notice - Respondent required to comply with minimum statutory entitlements regarding written employment agreements, minimum wage, holiday pay and time and…
Result:: Applications granted; Compliance ordered; Arrears of wages ($6,120); Penalty for breach of Wages Protection Act 1983 ($5,000)($2,000 payable to applicant)($3,000 payable to Crown); Penalty for failure to comply with improvement notice ($3,000)(payable to Crown); Disbursements in favour of applicant ($143.12)(filing fees); No order for costs

P R Stapp [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Determination of preliminary issue - Second respondents sought to be struck off as parties to proceedings - Applicant claimed second respondents to take responsibility as directors…
Result:: Application granted; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Whether applicant dismissed or resigned - Whether applicant suspended - Respondent hired private investigator to install CTV cameras…
Result:: Applications granted; Contributory conduct (20%); Reimbursement of lost wages ($6,364.80); Compensation for humiliation etc ($6,400); Arrears of wages ($244.80); Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Abandonment - Applicant claimed unjustifiably dismissed by respondent - Whether applicant dismissed during telephone conversation regarding applicant's absence from work - Swearing - ARREARS OF WAGES AND…
Result:: Applications granted (arrears of wages and holiday pay)(recovery of monies) ; Arrears of wages and holiday pay ($270) ; Recovery of monies ($15) ; Application dismissed (unjustified dismissal) ; Costs to lie where they fall

P R Stapp [Employment Relations Authority - Wellington]

Summary:: CONSENT ORDER – Parties reached agreement on terms of settlement after investigation meeting – Parties reached agreement on clauses in collective agreement regarding backdating wages and promotions - Terms of…

C Hickey [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE - Applicants claimed unjustifiably disadvantaged by being drug tested in breach of respondent's drug and alcohol policy - Respondent found cannabis plants growing on grounds outside respondent's buildings…
Result:: Application granted (unjustified disadvantage); Compensation for humiliation etc (quantum to be determined); Application dismissed (penalty - good faith); Costs reserved

T G Tetitaha [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Applicant sought arrears of wages and holiday pay - Respondent consented to making of order
Result:: Application granted ; Arrears of wages ($2,186.25) ; Arrears of holiday pay ($1,890.80) ; No order for costs

T G Tetitaha [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Altercation with co-worker (J") - Whether applicant grabbed J and raised hand with clenched fist - Verbal…
Result:: Application granted ; Contributory conduct (75%) ; Compensation for humiliation etc ($1,250) ; Costs reserved