Determinations database

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: RESTRAINT OF TRADE - Application to enforce restraint of trade - Approached by competitor while employed by applicant - Resigned and completed notice period on garden leave - Commenced employment…
Result:: Application granted ; Restraint of trade clause modified ; Costs reserved

S Bathgate [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Whether dismissal procedurally and substantively unjustified - Commenced employment as casual employee - Obtained second job with another employer - Position with respondent changed to full time…
Result:: Application dismissed ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: PRACTICE AND PROCEDURE - Copy of determination not received on time - Time limit to comply with orders extended
Result:: Application granted ; Time limit to comply with orders extended ; No order for costs

D King [Employment Relations Authority - Auckland]

Summary:: JURISDICTION - Arrears of wages claim - Whether employee or independent contractor - Employed to assist with development of lifestyle block - Initially hired while carrying out business of bulldozing…
Result:: Application dismissed ; No order for costs

D King [Employment Relations Authority - Auckland]

Summary:: DISPUTE - Agreement to be paid for 40 hours per week regardless of whether work available - Disputed whether hours not worked to be paid back through overtime in peak…
Result:: Parties referred to mediation ; No order for costs

D Asher [Employment Relations Authority - Wellington]

Summary:: COMPLIANCE ORDER - Compliance with terms of mediated settlement sought - Alleged respondent breached terms of settlement - New agreement reached - Terms incorporated by consent into compliance order -…
Result:: Compliance ordered ; No order for costs

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful personal grievance - One day hearing - Contribution of $9,670 sought to costs - Ability to pay - Applicant's financial resources considered
Result:: Costs in favour of respondent ($2,000)

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Advised to look for another job - Dismissed with one week's notice - Informed to start new job immediately - Believed he was summarily dismissed…
Result:: Application granted ; Compensation for humiliation etc ($1,000)(Including notice) ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Alleged selection process unfair and failed to consult - Alleged predetermination and improper considerations taken into account - Change in processes resulted in redundancies -…
Result:: Application granted ; Compensation for humiliation ($2,000)(MT) ; ($2,000)(LA) ; ($2,000)(TV) ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES - Dispute over rate of pay - Failed to keep time and wage records - Employee noted hours worked - Unlikely to have agreed to reduced rate…
Result:: Application granted ; Arrears of wages ($840)(Net) ; Costs in favour of applicant ($70)(Filing fee)