| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 244 |
| Determination date | 07 November 2012 |
| Member | H Doyle |
| Representation | L Andersen ; M Guest |
| Parties | Blue v Graamans Health Development Ltd |
| Summary | PRACTICE AND PROCEDURE – Quantum of remedies – Authority previously awarded applicant lost remuneration and parties unable to determine quantum – Respondent to pay applicant $2,216 reimbursement of lost wages – COSTS – Successful personal grievance claim – One day investigation meeting – Applicant sought indemnity costs – Authority found indemnity costs not appropriate – Found small increase from daily tariff appropriate as some work involved in assessing lost remuneration and submissions as to costs – Respondent to pay applicant $3,800 contribution towards costs |
| Abstract | Determination of quantum of remedies. Authority previously awarded applicant lost remuneration and parties unable to determine quantum. Applicant sought $2,216 reimbursement of lost remuneration. Applicant sought indemnity costs.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Respondent conceded amount claimed by applicant could be correct figure of lost remuneration. Respondent to pay applicant $2,216 reimbursement of lost wages.;COSTS: Successful personal grievance claim. One day investigation meeting. Indemnity costs not appropriate. Small increase from daily tariff appropriate as some work involved in assessing lost remuneration and submissions as to costs. Respondent to pay applicant $3,800 contribution towards costs. |
| Result | Application granted; Orders made; Quantum specified; Costs in favour of applicant ($3,800); Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Costs |
| Cases Cited | Bradbury v Westbank Banking Corp [2009] 3 NZLR 400;Oldco PTI New Zealand Ltd v Houston unreported, Couch J, 6 June 2006, AC18A/06;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Waugh v Commissioner of Police [2004] 1 ERNZ 450 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Christchurch_244.pdf [pdf 165 KB] |