Determinations database

D Asher [Employment Relations Authority - Wellington]

Summary:: ARREARS OF HOLIDAY PAY - Alleged annual leave entitlement never paid - No written employment agreement - Entitled to 4 weeks annual leave - Claimed entitlement increased to 5 weeks…
Result:: Application granted ; Arrears of holiday pay (Quantum reserved) ; Interest ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: BREACH OF CONTRACT - Whether contract harsh and oppressive - No jurisdiction - Whether misled about likely sales and commission - Fixed term contract - Option to extend contract by…
Result:: Application dismissed ; Monies owing to respondent ($8,543.42) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - No appearance for respondent - No good cause for failure to attend - Two weeks notice of redundancy - Breach of contractual promise to consult…
Result:: Application granted ; Compensation for humiliation etc ($3,000) ; Arrears of wages and holiday pay ($9,153) ; Interest (6.5 percent) ; Disbursements ($70)(filing fee) ; No order for costs

N Taylor [Employment Relations Authority - Christchurch]

Summary:: DISPUTE - Interpretation, application and operation of collective employment contract - Provision of transport discontinued - Whether term of CEC or discretionary benefit - Reasonably believed transport would be continued…
Result:: Application granted ; Question answered in favour of applicants ; Costs reserved

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: COMPLIANCE ORDER - No appearance for respondent - Failed to pay arrears of wages awarded by Employment Relations Authority - Compliance with orders of Authority ordered - Payment to be…
Result:: Compliance order granted ; No order for costs

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged breach of contract forced resignation - Absences due to sick wife and children - Given special leave to look after them - Ongoing…
Result:: Application dismissed (Unjustified dismissal) ; Application granted (Arrears of wages) ; Arrears of wages ($750) ; Monies payable by applicant ($300)(loan) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Summary dismissal - Serious misconduct - Failure to follow correct cash handling procedure - Unusually high rate of refunds and product returns - Audit of office -…
Result:: Application granted ; Reimbursement of lost wages ($3,400 reduced to $850) ; Compensation for humiliation etc ($3,000 reduced to $750) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: COSTS - Withdrawal of proceedings by applicant prior to hearing - Substantial contribution sought to total costs of $875 - Both parties caused difficulties and lengthened time - Appropriate that…
Result:: No order for costs

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Position contracted out - Alleged lack of good faith - Failed to reach projected budget - Encouraged to develop area of business - Review of…
Result:: Application granted ; Compensation for humiliation etc ($4,000) ; Costs reserved

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Returned from maternity leave - Alleged former position was no longer available - Required to take on different and less satisfactory position - Whether had option of…
Result:: Application granted ; Reimbursement of lost wages ($4,051.96) ; Interest (Quantum included in compensation award) ; Compensation for humiliation etc ($6,000) ; Costs reserved