| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 126A/06 |
| Hearing date | 17 Jul 2006 |
| Determination date | 30 August 2006 |
| Member | A Dumbleton |
| Representation | Dr C Perry & L Emmerson ; M Broadbent |
| Location | Auckland |
| Parties | Rogers v Otamatea Veterinary Club Inc |
| Summary | PRACTICE AND PROCEDURE - Quantum of remedies - Parties directed to mediation to reach agreement on remedies but unable to resolve issue - Application for reinstatement not pursued further during investigation meeting - Employment agreement provided for two weeks wages in lieu of notice - Evidence of actual loss vague and applicant failed to comply with Authority's request for information - Extent of lost wages unable to be quantified - Lack of evidence relating to outstanding holidays - Contributory conduct - Fair and reasonable employer would in all probability have dismissed applicant, although possibly on notice rather than summarily - High level of contribution because applicant demonstrated complete disregard towards trust and confidence supposed to tie her to respondent - Situation overstated in first determination - Applicant's conduct would not have been rewarded with bonus - Only loss attributable to unjustified action and unjustified dismissal was loss of two weeks wages set out in employment agreement - Calculation of exact amount left to parties with leave reserved to seek further orders if necessary - Authority concerned at merry-go-round of counsel acting or purporting to act for legally aided applicant - Rules of legal professional conduct did not permit practitioner who had been witness to step back into role of counsel, which one of applicant's representatives purported to do by filing closing submissions - Rules applied equally where affidavit evidence tendered |
| Result | Reimbursement of lost wages (Two weeks) ; Orders accordingly ; Costs reserved |
| Statutes | ERA s124;ERA s128 |
| Cases Cited | NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Rogers v Otamatea Veterinary Club Inc t/a The Vet Centre unreported, A Dumbleton, 19 April 2006, AA 126/06;Telecom New Zealand Ltd v Nutter [2004] 1 ERNZ 315;Waitakere City Council v Ioane [2004] 2 ERNZ 194 (CA) |
| Number of Pages | 5 |
| PDF File Link: | aa 126a_06.pdf [pdf 30 KB] |