Determinations database

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Applicant director, shareholder and employee of company - Respondent formed and subsequently took over company - Next day applicant given letter of termination on grounds…
Result:: Orders accordingly ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Witness alleged that applicant assaulted intelectually handicapped man in his care - Respondent believed witness account of incident over applicant's - Whether decision to…
Result:: Application dismissed ; Costs reserved

D Asher [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Alleged warnings unjustified and in breach of good faith obligations and employment contract - Employed on 6-month trial basis - Salary to increase once trial period satisfactorily…
Result:: Application granted (Unjustified disadvantage) ; Application dismissed (Unjustified dismissal) ; Compensation for humiliation etc ($3,500) ; Arrears of Wages (quantum to be calculated by parties) ; Penalty ($500)(Applicant) ; ($500)(Crown) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - One day investigation meeting - 50 percent contribution to actual costs of $3,037 sought - Reasonable contribution awarded
Result:: Costs in favour of respondent ($500)

N Taylor [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Poor performance - Whether dismissed or resigned - Given letter from respondent's agent detailing concerns about performance of applicant's duties - Negative reaction to letter - Believed…
Result:: Application granted ; Reimbursement of lost wages ($6,929.17 reduced to $2,078.17) ; Compensation for humiliation etc ($3,000 reduced to $900) ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Reinstatement sought on basis that new position significantly the same as previous position - New position at more senior level and higher salary - Genuine…
Result:: Application dismissed ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Jurisdiction - Whether employee or independent contractor - Intention of parties relevant to real nature of relationship but not determinative - No close control…
Result:: Application granted ; Orders accordingly ; Referred to mediation ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Jurisdiction - Whether employee or contractor of respondent - Entered into consulting contract whereby applicant was proprietor of computer department in respondent's store - Consulting contract terminated…
Result:: Application dismissed ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Poor performance - Inappropriate to refer parties to mediation - Unlikely to contribute constructively to resolving matter - Required to meet sales target during trial period -…
Result:: Application granted ; Reimbursement of lost wages ($1,920)(6 weeks) ; Compensation for humiliation etc ($2,000) ; Arrears of holiday pay ($155) ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Whether dismissed or resigned - Alleged hassled by supervisor - Discrepancy in time sheets - Failed to comply with company policy - Approached by…
Result:: Application dismissed ; Costs reserved