| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 120 |
| Hearing date | 1 - 2 Dec 2015 (2 days) |
| Determination date | 11 December 2015 |
| Member | Trish MacKinnon |
| Representation | J Greally ; R Upton |
| Location | Wellington |
| Parties | Nathan v Transfield Services (New Zealand) Ltd |
| Summary | DISPUTE – Parties disputed whether respondent’s offer of settlement adequately resolved employment relationship problem – Linesman |
| Abstract | AUTHORITY FOUND –;DISPUTE: Applicant did not state when filing proceedings that reinstatement was to be to same position as before dismissal. Not practicable to return applicant to same position. Position offered by respondent no less advantageous than former position. Offer met remedy sought by applicant. Respondent’s offer for compensation for loss of retirement funds also met remedy sought by applicant. Unfair to allow applicant to seek costs at late stage and could unfairly prejudice respondent. Question answered in favour of respondent. |
| Result | Question answered in favour of respondent ; Orders made ; No order for costs |
| Main Category | Dispute |
| Statutes | ERA s125 |
| Number of Pages | 5 |
| PDF File Link: | 2015_NZERA_Wellington_120.pdf [pdf 99 KB] |