Determinations database

G J Wood [Employment Relations Authority - Wellington]

Summary:: DISPUTE - Classification of employees - Whether incorrectly classified as temporary/relieving officers - Employees engaged continuously - CEC only allowed appointment of temporary officers to relieve other employees - Reasons…
Result:: Application granted ; Orders accordingly ; Costs reserved

P Cheyne [Employment Relations Authority - Christchurch]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Wages and holiday pay owing following cashflow problems - Claim accepted by respondent - Payment to be made within one month
Result:: Application granted ; Arrears of wages and holiday pay ($1,767.70) ; No order for costs

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: CONSENT ORDER - Settlement reached by parties - Full and final resolution of all issues arising from employment and termination - Agreement that costs to lie where they fall -…
Result:: Consent order granted ; Costs to lie where they fall

S Bathgate [Employment Relations Authority - Wellington]

Summary:: BREACH OF CONTRACT - Alleged unlawful variation to CEC - Maximum operating capacity of prison contained in clause of CEC - Proposed increase in capacity following change in funding formulae…
Result:: Application dismissed ; No order for costs

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Jurisdiction - Whether agreement entered into at termination prevented applicant pursuing employment relationship problem - Difficulty with teaching children with behavioural problems - Claimed…
Result:: Application dismissed ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Grievance raised out of time - Minimum requirement that employer know identity of applicant and existence of personal grievance - Applicant made reasonable arrangements to have…
Result:: Application granted ; Orders accordingly ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: RAISING OF PERSONAL GRIEVANCE - Whether grievance submitted within 90-day period - Unjustified dismissal - Notified to attend mediation but not informed of nature of grievance - Lower threshold than…
Result:: Leave to submit grievance out of time granted ; Costs reserved

WRC Gardiner [Employment Relations Authority - Auckland]

Summary:: ARREARS OF WAGES AND HOLIDAY PAY - Dispute over agreed weekly wage - Continued to work for 1ï¾½ years despite shortfall in wages - Credibility - Respondent's evidence preferred -…
Result:: Application granted in part ; Arrears of wages ($407.04) ; Arrears of holiday pay ($2,696.43) ; Interest ($150) ; Costs reserved

S Bathgate [Employment Relations Authority - Wellington]

Summary:: COSTS - Successful personal grievance - Respondent insolvent - Order for costs unlikely to be met
Result:: Costs to lie where they fall

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Injunctions relating to alleged breach of confidentiality and restraint of trade clause sought against both previous employee…
Result:: Application granted ; Proceedings removed to Employment Court ; No order for costs