Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 84A/04
Hearing date 17 Jun 2004
Determination date 13 August 2004
Member Y S Oldfield
Representation D Fleming ; P Ahern
Location Auckland
Parties Filipo and Anor v Whitcoulls Group Ltd
Other Parties Mills
Summary PRACTICE AND PROCEDURE - Remedies - Both applicants withdrew claims for reinstatement - First applicant entitled to reimbursement of lost wages plus $9,000 compensation for humiliation etc - No contributory conduct - Second applicant also entitled to reimbursement of lost wages plus $9,000 - Contributory conduct 20 percent for taking extended breaks - Second applicant's alleged behaviour after dismissal not relevant to determining contributory conduct - COSTS - Applicants sought $2,680 costs inclusive of filing fee as contribution towards combined costs - Contribution of $2,000 appropriate
Result Reimbursement of lost wages ($3,096)(GF)(10 weeks) ; ($5,980 reduced to $4,784 )(GM) ; Compensation for humiliation etc ($9,000)(GF) ; ($9,000 reduced to $7,200)(GM) ; Costs in favour of applicants ($2,000)
Cases Cited Victoria University of Wellington v Alton-Lee [2001] ERNZ 305
Number of Pages 4
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