Restrictions Includes non-publication order
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2014] NZERA Christchurch 74
Determination date 13 May 2014
Member C Hickey
Representation P Tucker ; S Wilson
Parties A v B Ltd
Summary PRACTICE AND PROCEDURE - Quantum of remedies - Previous determination ordered respondent pay applicant 9 weeks lost wages but disagreement over applicants ordinary weekly pay - COSTS - Applicant sought $5,985 indemnity costs
Abstract AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Appropriate to calculate remuneration based on income from previous tax year. 25 per cent reduction appropriate for contributory conduct found in substantive matter. Respondent to pay applicant $6,010 reimbursement of lost wages.;COSTS: Half day investigation meeting. No reason given for award on indemnity basis. No exceptional circumstances. Respondent to pay applicant $1,750 contribution towards costs.
Result Applications granted; Quantum specified; Contributory conduct (25%); Reimbursement of lost wages ($6,010.34); Costs in favour of applicant ($1,750); Disbursements in favour of applicant ($71.56)(filing fee)
Main Category Practice & Procedure
Statutes ERA s128(2);ERA Second Schedule, cl15
Number of Pages 4
PDF File Link: 2014_NZERA_Christchurch_74.pdf [pdf 194 KB]