Determinations database

D Appleton [Employment Relations Authority - Christchurch]

Summary:: CONSENT ORDER – Parties reached agreement on terms of settlement regarding quantum of remedies and contribution to applicant’s costs – Terms of settlement to be orders of Authority – Order…
Result:: Consent order granted ; Orders accordingly ; No order for costs

C Hickey [Employment Relations Authority - Christchurch]

Summary:: PENALTY – Applicant sought penalty for respondent’s failure to provide written employment agreements and failure to comply with improvement notice – Failure to provide time sheets and wage records –…
Result:: Application granted ; Penalty ($3,000)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs

T G Tetitaha [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Determination of preliminary issue - Respondent sought disclosure of applicant's medical records - Respondent claimed records relevant to remedy of reinstatement as disclosure would assist Authority…
Result:: Application dismissed; Costs reserved

E Robinson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL – Constructive Dismissal – Applicant claimed unjustifiably dismissed by respondent – Restructure of applicant’s part time position into full time position – Restructure while applicant recovering from surgery…
Result:: Application granted ; Reimbursement of lost wages ($5,827.75) ; Compensation for humiliation etc ($6,000) ; Costs reserved

C Hickey [Employment Relations Authority - Christchurch]

Summary:: RESTRAINT OF TRADE – INJUNCTION – Applicant sought interim injunction preventing respondent from breaching restraint of trade provision (“ROT”) in respondent’s employment agreement (“EA”) – Whether respondent bound by ROT…
Result:: Application granted ; Costs reserved

H Doyle [Employment Relations Authority - Christchurch]

Summary:: COSTS - Successful personal grievance and arrears of wages claim - Less than one day investigation meeting - Applicant sought $2,333 indemnity costs - Respondent to pay applicant $1,750 contribution…
Result:: Costs in favour of applicant ($1,750); Disbursements in favour of applicant ($71.56)(filing fee) ($126.73)(service costs) ($24.50)(courier)

T G Tetitaha [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably disadvantaged by suspension and unjustifiably dismissed by respondent – Whether applicant authorised capital expenditure in excess of delegated…
Result:: Application granted ; Contributory conduct (50%) ; Compensation for humiliation etc ($3,500) ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - Applicant sought compliance with previous Authority determinations - First respondent failed to pay applicant monetary entitlements - Second respondent sole director and shareholder of first respondent
Result:: Application dismissed

K J Anderson [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful arrears of wages claim - Less than one day investigation meeting - Respondent sought $3,000 contribution towards costs - Applicants claim bordered on vexatious - Applicant to…
Result:: Costs in favour of respondent ($1,500)

M B Loftus [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Whether applicant appointed to specific position of halal slaughterman or appointed to department and able to be deployed as…
Result:: Application granted ; Reimbursement of lost wages ($9,395.21) ; Compensation for humiliation etc ($4,000) ; Costs reserved