| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 492 |
| Determination date | 02 December 2014 |
| Member | E Robinson |
| Representation | M Harrison ; M McGoldrick |
| Location | Auckland |
| Parties | Carney v Makana Northland Ltd |
| Summary | PRACTICE AND PROCEDURE – Quantum of remedies – Respondent ordered previously to pay applicant sum equivalent to 90 days wages in lieu of written notice – COMPLIANCE ORDER – Applicant sought compliance with previous Authority determination – Respondent ordered previously to pay applicant $2,500 contribution towards costs |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Order for payment in lieu of notice constituted reimbursement of lost wages rather than compensation for loss of benefit. Not appropriate to deduct payments received by applicant from ACC as avoidance of double recovery matter between applicant and ACC. Obligation to mitigate loss did not operate to reduce sum payable to applicant under employment agreement by way of payment in lieu of notice. Not appropriate to deduct other earnings received by applicant during 90 day period. Respondent to pay applicant $14,875 reimbursement of lost wages.;COMPLIANCE ORDER: Respondent failed to pay costs in accordance with previous Authority determination. Compliance ordered. |
| Result | Applications granted ; Quantum specified ; Reimbursement of lost wages ($14,875) ; Compliance ordered ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Atwill v Tanners Timberworld Ltd [1994] 1 ERNZ 321;Carney v Makana Northland Ltd [2013] NZERA Auckland 151;Carney v Makana Northland Ltd [2013] NZERA Auckland 359;Sam’s Fukuyama Food Services Ltd v Zhang [2011] ERNZ 482;Scissor Platforms (1997) Ltd v Brien [1999] 2 ERNZ 672 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Auckland_492.pdf [pdf 232 KB] |