| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 187 |
| Hearing date | 18 Jun 2015 |
| Determination date | 24 June 2015 |
| Member | R Larmer |
| Representation | T Henry-Win ; T Oldfield |
| Location | Auckland |
| Parties | Sood v Super Finance Ltd |
| Summary | PRACTICE AND PROCEDURE - Quantum of remedies - Authority previously determined applicant unjustifiably dismissed and entitled to arrears of wages and holiday pay - Applicant sought calculation of arrears of wages and holiday pay and reimbursement of lost wages - COSTS - Applicant sought contribution towards costs |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Applicant entitled to 1 per cent commission on sales at new store. Appropriate to calculate lost remuneration based on respondent’s actual sales rather than applicant’s average gross earnings. Respondent to pay applicant $1,728 arrears of wages, $344 arrears of holiday pay and $63,566 reimbursement of lost wages including holiday pay.;COSTS: Two days and a half days investigation meeting. Appropriate to apply notional daily tariff. Respondent to pay applicant $8,500 contribution towards costs. |
| Result | Application granted ; Quantum specified ; Arrears of wages ($1,728.48) ; Arrears of holiday pay ($344.17) ; Reimbursement of lost wages including holiday pay ($63,566.81) ; Costs in favour of applicant ($8,500) ; Disbursements in favour of applicant ($71.56)(filing fee)($352)(office expenses) |
| Main Category | Practice & Procedure |
| Statutes | Sood v Super Finance Ltd [2015] NZERA Auckland 95 |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Auckland_187.pdf [pdf 155 KB] |