| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 139/06 |
| Hearing date | 26 Sep 2006 |
| Determination date | 16 October 2006 |
| Member | D Asher |
| Representation | D Albon (in person) ; M Skinner |
| Location | Wellington |
| Parties | Albon v Professional Garden Services Ltd |
| Summary | PRACTICE AND PROCEDURE - Quantum of remedies - Lost wages reduced by sum applicant earned during awarded period, and by 50 percent for contributory fault - Authority had reserved leave on calculation of lost wages if parties could not agree on sum - Parties unable to agree on sum and repayment regime - Respondent claimed could not afford to pay lump sum - Authority calculated applicant's lost wages, including hourly attendance bonus would have received had he not been unjustifiably dismissed - Evidence of respondent's ability to pay not disputed - Respondent ordered to pay $1,000 immediately and remainder by monthly instalments - COSTS - Reasonable applicant awarded half of legal costs taking into account contributory finding - Costs legitimately incurred - Respondent to pay applicant $970 costs |
| Result | Orders accordingly ; Reimbursement of lost wages ($2,241.20) ; Compensation for humiliation etc ($1,500) ; Costs in favour of applicant ($970) |
| Statutes | ERA s160;ERA s173 |
| Number of Pages | 4 |
| PDF File Link: | wa 139_06.pdf [pdf 26 KB] |