| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 139/05 |
| Determination date | 19 April 2005 |
| Member | K J Anderson |
| Representation | J Roberts ; C Welch, D Kincaid |
| Location | Auckland |
| Parties | Easdon v Label and Litho Ltd |
| Summary | PRACTICE AND PROCEDURE - Supplementary determination of Authority - Successful unjustified disadvantage grievance - Award of $1,000 compensation set off against two weeks' wages totaling $2,038.46 owed to respondent for failure to give notice - Applicant subsequently produced medical certificate provided to respondent at time of resignation declaring applicant unfit to work for seven days of notice period - Attention also drawn to provision in employment agreement for forfeiture" of two weeks' pay in event of failure to give notice - Argued because no monies owing to applicant at time of resignation, no monies available to forfeit - Recall and correction of original determination or reopening of investigation unwieldy options especially given small monetary value involved - Appropriate for Authority to deal with matter by exercise of inherent powers given under s160 Employment Relations Act 2000 to finally resolve problem - Also appropriate to exercise equity and good conscience jurisdiction to finally resolve problem - Applicant not required to pay two weeks' wages to respondent as no monies available to be forfeited - Previous order for payment rescinded - Set-off no longer available so new order for compensation required - Respondent to pay applicant $1,000 compensation for humiliation - COSTS - Appropriate for costs to lie where they fall" |
| Result | Determination in favour of applicant ; Orders accordingly ; Compensation for humiliation ($1,000) ; Costs to lie where they fall |
| Statutes | ERA s123(c)(i);ERA s160 |
| Number of Pages | 2 |
| PDF File Link: | aa 139_05.pdf [pdf 11 KB] |