Determinations database

D King [Employment Relations Authority - Auckland]

Summary:: INTERIM INJUNCTION - Application for interim reinstatement - Jurisdiction - Whether interim relief could be granted against the Crown - Nothing in ERA to prevent state employees having the potential…
Result:: Application granted ; Interim reinstatement ordered ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Technical redundancy - Dismissed prior to sale of business - Alleged termination should have taken place after sale - Declined offer of employment with new owner -…
Result:: Application dismissed ; Costs reserved

N Taylor [Employment Relations Authority - Christchurch]

Summary:: UNJUSTIFIED DISADVANTAGE - Extended sick leave - Letters of support from respondent - Phone call from human resources manager enquiring into her return to work - Warned that office was…
Result:: Application granted in part ; Compensation for humiliation etc ($10,000) ; Order for suppression of applicant's health details ; Costs reserved

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - No appearance for respondent - Given letter containing allegations and suspended from work - Not told purpose of disciplinary meeting or details of allegations - Dismissed during…
Result:: Application granted ; Reimbursement of lost wages ($1,120)(Notice) ; Compensation for humiliation etc ($3,000) ; Arrears of holiday pay ($1,658.80) ; No order for costs

S Bathgate [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Refused changes to work allocation - Several meetings held over several months - Meeting with sector co-ordinator became heated - Warned that failure to comply with instruction…
Result:: Application dismissed ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Declaration sought that respondent in redundancy situation - Appeal against Tribunal determination concerning same parties to be…
Result:: Application granted ; Proceedings removed to Employment Court ; Costs to lie where they fall

D King [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - ARREARS OF WAGES AND HOLIDAY PAY - No appearance for respondent - Applicant signed two employment agreements but never received a signed copy - Carried out work…
Result:: Application granted ; Arrears of wages ($4,615.38) Arrears of holiday pay ($276.92) ; Reimbursement of lost wages ($11,944.46) ; Compensation for humiliation etc ($4,000) ; No order for costs

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissed after complaint from client of inappropriate touching - Series of meetings leading to dismissal - Allegations outlined - Advised that job in jeopardy…
Result:: Application granted in part ; Compensation for humiliation etc ($2,000) ; Costs to lie where they fall

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISADVANTAGE - Negotiations for promotion - Applicant believed verbal fixed-term agreement had been reached - Miscommunication led to termination of negotiations by respondent - Whether binding agreement reached -…
Result:: Application granted in part ; Compensation for humiliation etc ($1,500) ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - UNJUSTIFIED DISADVANTAGE - Proposed company takeover by respondent - Previous employer sent notices of termination to all staff - Respondent sent offers of employment to all non-management…
Result:: Application granted ; Referred to mediation ; Costs reserved