| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 117A/04 |
| Determination date | 02 June 2004 |
| Member | A Dumbleton |
| Representation | P Swarbrick ; J Mills |
| Location | Auckland |
| Parties | Dorset v Chemcolour Industries (NZ) Ltd |
| Summary | PRACTICE AND PROCEDURE - Quantum of remedies - Successful breach of contract claim - Applicant resigned - Respondent exercised discretion to pay only minimum valuation of applicant's units in staff unit fund scheme - Inappropriate factors taken into account - Assessment of damages for lost chance to have discretion exercised in applicant's favour - Lost chance valued at 50 percent of respondent's accumulated contribution to scheme as at certain date - Accumulated contribution to be determined by company administering scheme - Interest payable at 6.5 percent per annum from date of resignation to payment - Applicant's own contribution to be paid in full |
| Result | Damages in favour of applicant (Quantum to be determined) ; Interest (6.5% per annum) ; Orders accordingly ; Costs reserved |
| Statutes | ERA Second Schedule cl11;High Court Rules 1985 |
| Cases Cited | Schilling v Kidd Garrett Ltd [1977] NZLR 243 |
| Number of Pages | 3 |
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