Determinations database

J Wilson [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Previously employed by a company from the same group as respondent - Whether received full contractual redundancy entitlement - Compensation payable for each subsequent year"…
Result:: Application dismissed ; Costs reserved

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Poor performance - Whether dismissed or resigned - Memo that if sales did not improve dismissal would result - Failed to meet sales targets - Lack of…
Result:: Application dismissed ; No costs

A Dumbleton [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Redundancy - Positions disestablished following departure of co-employee - Genuine commercial reasons for redundancy - No adequate consultation - No indication given that positions in jeopardy -…
Result:: Application granted ; Compensation for humiliation ($3,500)(MB) ($4,500)(JF) ; Costs reserved

J Wilson [Employment Relations Authority - Auckland]

Summary:: COSTS - Unsuccessful arrears of wages claim - One day investigation meeting Contribution of $3,101 sought to costs of $4,652 - Mediation costs sought but not recoverable - No complex…
Result:: Costs in favour of respondent ($1,100)

P R Stapp [Employment Relations Authority - Wellington]

Summary:: DISPUTE - Cancellation of previously approved annual leave - Decision to revoke leave during strike action made without consultation - Alleged cancellation for operational reasons - Consultation and assessment process…
Result:: Application granted ; Costs reserved

G J Wood [Employment Relations Authority - Wellington]

Summary:: BARGAINING - Duty of good faith - Compliance order sought - Bargaining initiated for multi-employer collective agreement - Employer expressed reluctance for MECA - Alleged no intention to bargain for…
Result:: Application granted ; Compliance ordered ; Costs reserved

D Asher [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Constructive dismissal - Alleged set up" by respondent and breach of disciplinary procedures resulted in unjustified disadvantage - Alleged conduct undermined mutual obligations of trust and confidence…
Result:: Application dismissed ; Costs reserved

S Bathgate [Employment Relations Authority - Wellington]

Summary:: UNJUSTIFIED DISMISSAL - Whether dismissal or abandonment of employment - Partner confronted by applicant's colleagues at Christmas function about the purchase of tyres - Laid complaint of assault with Police…
Result:: Application granted ; Reimbursement of lost wages ($2,600) ; Compensation for humiliation ($4,000) ; Arrears of wages ($371.37) ; Arrears of holiday pay ($95.04) ; Costs reserved

Y S Oldfield [Employment Relations Authority - Auckland]

Summary:: UNJUSTIFIED DISMISSAL - Whether dismissal or abandonment of employment - Left premises after altercation with colleague - Had previously being warned position in jeopardy for leaving workplace - Whether…
Result:: Application granted ; Contributory conduct reduced remedies to nil ; Costs reserved

R A Monaghan [Employment Relations Authority - Auckland]

Summary:: PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Alleged important question of law - Tests for determining whether a society registered as a union was…
Result:: Application granted ; Proceedings removed to Employment Court ; No order for costs