| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 488 |
| Determination date | 23 October 2013 |
| Member | E Robinson |
| Representation | B Manning ; E Butcher |
| Parties | Kamal v Horizon Radiology Ltd |
| Summary | PRACTICE AND PROCEDURE - Quantum of remedies - Authority previously awarded applicant compensation for lost wages and parties unable to determine quantum - COSTS - Partially successful claims - Applicant sought $8,750 contribution towards costs |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Applicant provided with notice of termination and advised would be paid one month in lieu of notice. One month to be deducted from three months lost wages owed by respondent. Respondent to pay applicant $5,381 reimbursement of lost wages.;COSTS: Two and a half day investigation meeting. Appropriate to reduce notional daily tariff to reflect costs incurred by applicant in calling witness. Respondent to pay applicant $7,000 contribution towards costs. |
| Result | Application granted ; Orders made ; Quantum specified ; Reimbursement of lost wages ($5,381.40) ; Costs in favour of applicant ($7,000) |
| Main Category | Costs |
| Statutes | ERA s124;ERA s128(2);ERA Second Schedule cl12A;ERA Second Schedule cl15 |
| Cases Cited | Kamal v Horizon Radiology Ltd [2013] NZERA Auckland 404;New Zealand Automobile Assoc Inc v McKay [1996] 2 ERNZ 622;O'Malley v Vision Aluminium Ltd (No 3) [1992] 2 ERNZ 1043;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Auckland_488.pdf [pdf 158 KB] |