Determinations database

T Woods [Employment Relations Authority - Auckland]

Summary:: JURISDICTION - Whether employee or independent contractor - Hours of work fixed - Supplied own tools - Time records kept - Worked under supervision and direction - Tax paid by…
Result:: Application granted ; Arrears of wages ($790) ; Costs in favour of applicant ($150)

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Harassment - Alleged harassed by foreman for working slowly - Alleged foreman threatened to dismiss - Questioned health and safety procedures - OSH involvement…
Result:: Application dismissed ; Costs to lie where they fall

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Contribution of $3,000 sought to costs - Alleged unable to pay costs award - Insufficient evidence of financial position - Reasonable contribution appropriate
Result:: Costs in favour of respondent ($1,500)

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Performed unauthorised homers" - Carried out work for own clients in own time - Confronted about misconduct - Placed in position where forced to…
Result:: Application dismissed ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Supplementary determination - Clarification of previous determination sought - Inappropriate to join first respondent without notice - Remedies - Penalty - Alleged breaches of obligations of…
Result:: Questions answered ; Costs in favour of applicant ($1,500)

H Doyle [Employment Relations Authority - Christchurch]

Summary:: INTERIM INJUNCTION - Application for interim reinstatement - Unjustified dismissal proceedings - Poor performance - Dissatisfaction with performance over extended period - After-discovered misconduct - Arranged for production of calendar…
Result:: Application dismissed ; Costs reserved

K J Anderson [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Set up business in competition with respondent while still employed - Dismissal for serious misconduct not contested - Holiday pay claim not pursued…
Result:: Application dismissed ; No order for costs

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine - Alleged role taken over by another staff member - Subsequently published further editions of magazine - No doubt magazine not making a…
Result:: Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Approximately 8 hour hearing - Contribution of $2,000 sought to costs - Nothing novel or particularly complex about case - Little reason to make…
Result:: Costs in favour of respondent ($1,500)

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Attended concert on pass provided by respondent - Took photographs for respondent - Also sold photos to overseas paper - Disciplinary meeting - Whether…
Result:: Application dismissed ; Costs reserved