Determinations database

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISADVANTAGE - No failure to provide good and safe work environment Work-related stress - Regularly worked overtime - Offers of assistance and offers to redistribute workload rejected - Reasonable…
Result:: Application dismissed ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Theft - Money missing from cash box - Applicant only person with key - Had indicated intention of taking girlfriend out for dinner -…
Result:: Application granted ; Contributory conduct reduced remedies to nil ; No order for costs

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Took intellectually disabled residents away on holiday with another caregiver - Written complaint submitted by other caregiver on return - Alleged excessive level of…
Result:: Application granted ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($15,000 reduced to $5,000) ; Reimbursement of lost benefit ($1,950 reduced to $650) ; Costs reserved

N Taylor [Employment Relations Authority - Christchurch]

Summary:: PRACTICE AND PROCEDURE - Application by second respondent to be removed as party to substantive proceedings - Central claim of substantive case based on second respondent being applicant's employer -…
Result:: Application dismissed ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: INTERIM INJUNCTION - Application for interim reinstatement - Sent on training courses after several staff complaints of autocratic management style - Dismissed after complaints continued - Required to attend disciplinary…
Result:: Application granted ; Reinstatement ordered ; Orders accordingly ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Used respondent's stationery to write threatening personal communications - Whether dismissal procedurally unfair - No opportunity to comment on issues that might have influenced…
Result:: Application dismissed ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Parties consented to reopening of investigation provided it was conducted by new member - Member with no previous involvement agreed to investigate matter - Order that…
Result:: Orders accordingly ; No order for costs

P R Stapp [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Order by consent that employment relationship problem resolved by terms of settlement - Terms of settlement prohibited from publication - Settlement to be sealed on Employment Relations…
Result:: Consent order granted ; Orders accordingly ; No order for costs

A Dumbleton [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Several instances of financial mismanagement - Failure to attend to health and safety problems - Matters that an employer acting reasonably could have taken…
Result:: Application dismissed ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Whether accord and satisfaction - Applicant dismissed on grounds of redundancy - Alleged unjustified dismissal on grounds that redundancy not genuine - Sent email to directors…
Result:: Application dismissed ; Costs reserved