Determinations database

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether dismissal or resignation - Serious misconduct - Alleged dismissal due to pregnancy - Requested reduction in hours - Whether applicant implied to manager reduction was agreed…
Result:: Application granted ; Reimbursement of lost wages ($2,000)(4 weeks) ; Compensation for humiliation etc ($3,000 reduced to $1,500) ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Warning - Agreed that employment on month by month basis - Relationship deteriorated over negotiations for permanent position - Given memoranda outlining respondent's view - Series of…
Result:: Application dismissed (unjustified disadvantage) ; Application granted (unjustified dismissal) ; Reimbursement of lost wages ($4,000)(1 month) ; Compensation for humiliation etc ($2,000) ; Arrears of holiday pay (quantum reserved) ; Filing fee ($70) ; No order for costs

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Whether genuine - Offered and accepted employment with company - Board passed resolution cutting staff numbers on same day - Last on first off selection…
Result:: Application granted ; Reimbursement of lost wages (Notice - quantum reserved) ; Compensation for humiliation etc ($6,500) ; Costs reserved

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Sale and purchase of business - Advised of prospective sale - Notified when sale finalised - Meeting with representatives of new company before sale finalised…
Result:: Application granted ; Compensation for humiliation etc ($7,500) ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Summary dismissal - No appearance for respondent - No good cause shown for failure to attend - Unchallenged and credible evidence of applicant accepted -…
Result:: Application granted ; Reimbursement of lost wages ($3,600) ; Compensation for humiliation etc ($5,000) ; Arrears of holiday pay ($888.88) ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Absenteeism - Alleged abuse and insubordination - Walked off job - Failed to turn up to work next day - Fixed term contract -…
Result:: Application granted ; Compensation for humiliation etc ($7,500 reduced to $5,000) ; Costs reserved

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: RAISING OF PERSONAL GRIEVANCE - Whether personal grievance raised within 90-day period - Tendered resignation letter - No copy of letter available from either party - Whether stated in letter…
Result:: Application dismissed ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Applicant's predecessor dismissed under suspicion of dishonesty - Queries from artists regarding missing artworks and payments from period before applicant's employment - Respondent's representative…
Result:: Application granted ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($3,500) ; Arrears of wages (Quantum to be determined by parties) ; Arrears of holiday pay (Quantum to be determined by parties) ; Costs reserved

S Bathgate [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Annual leave application rejected on basis that applicant had recently returned from conference leave - Declined to reconsider rejection - Failed to turn up…
Result:: Application granted ; Reimbursement of lost wages (13 weeks reduced to 6.5 weeks) ; Compensation for humiliation etc ($4,500 reduced to $2,250) ; Costs reserved

D Asher [Employment Relations Authority - Auckland]

Summary:: COSTS - Partially successful breach of contract claim - Partially successful personal grievance - 1ï¾½ day investigation meeting - 2/3 contribution to total costs and disbursements of $8,650 sought -…
Result:: Costs in favour of applicant ($3,000) ; Disbursements ($1,226.86)