Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 137A/06
Hearing date 27 Feb 2006
Determination date 18 September 2006
Member D King
Representation G J Hurlimann (in person) ; R France
Location Auckland
Parties Hurlimann v Auckland College of Natural Medicine Ltd
Summary PRACTICE AND PROCEDURE - Quantum of remedies - Authority had reserved leave on calculation of lost wages if parties could not agree on sum - Parties unable to resolve issue - Applicant could not claim wages for lectures after date of justified dismissal, or for classes had not prepared for - Applicant to be paid for classes taught but not invoiced - Authority calculated lost wages - Applicant would have been paid for missing hours had he invoiced respondent as instructed - Parties agreed applicant entitled to payment for public holiday - Applicant owed holiday pay on amounts owing and some wages already paid - Entitled to interest on some amounts owing - Not fair and reasonable to award interest on monies that remained unpaid only because applicant failed to submit invoices - Interest 9.5 percent on applicable amounts
Result Reimbursement of lost wages ($931.50) ; Arrears of wages ($460) ; Arrears of holiday pay ($69)(Public holiday) ; (6% of stated amounts) ; Interest (9.5%) ; Orders accordingly ; Costs reserved
Cases Cited Paykel Ltd v Ahlfeld [1993] 1 ERNZ 334
Number of Pages 3
PDF File Link: aa 137a_06.pdf [pdf 26 KB]