Determinations database

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Remedies - Supplementary determination - Successful unjustified dismissal claim - Second respondent joined as party in unjustified dismissal determination - Granted opportunity to make submissions regarding…
Result:: Application granted ; Reimbursement of lost wages ($15,000)(3 months) ; Compensation for humiliation etc ($8,000) ; Arrears of holiday pay ($14,940.50) ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Identity of employer - Initially employed by second respondent - Employed to do work solely for first respondent - Salary paid by second respondent -…
Result:: Application granted in part ; Compensation for humiliation etc ($13,000) ; Reimbursement of lost wages ($10,000)(3 months) ; Reimbursement of lost benefit ($960)(3 months)(car allowance) ; Other monies ($324)(Employment related expenses) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - Alleged failure to pay overtime and holiday pay - Verbal contract entered into in New Zealand for United…
Result:: Application granted ; Arrears of wages and holiday pay (NZD$2,728.67) ; Disbursements ($70)

D King [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Dispute between parties - Not paid for attendance at mediation - Told to take another day's leave due to dispute - Failure to pay for attendance…
Result:: Application granted ; Arrears of wages (2 days) ; Costs to lie where they fall

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Successful arrears claim - Both parties sought contribution to costs - Appropriate that each party be responsible for own costs
Result:: Costs to lie where they fall

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - Contribution to actual costs of over $6,000 sought - Legal aid granted after investigation meeting - Alleged delay in advising of legal aid escalated…
Result:: No order for costs ; Costs in favour of respondent ($1,000)(In absence of legal aid)

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Failure to be good employer - No appearance for applicant - No good cause shown for failure to attend - Alleged matter settled between…
Result:: Application dismissed ; Costs to lie where they fall

D Asher [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether dismissal or abandonment of employment - Alleged repudiation of employment agreement - Reduction of hours - Given proposed new employment agreement - Alleged dismissed when refused…
Result:: Application granted ; Reimbursement of lost wages (To be agreed between parties) ; Compensation for humiliation etc ($3,500) ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged failure to sign employment contract, lack of training and breaches of health and safety caused resignation - Duties altered following change in management…
Result:: Application dismissed ; Costs reserved

P R Stapp [Employment Relations Authority - Wellington]

Summary:: DISPUTE - Interpretation of collective agreement - Reimbursement of travel expenses - Plain meaning of words - Could not unilaterally vary contractual benefit - Entitled to reimbursement at rate claimed…
Result:: Orders accordingly ; Costs reserved