| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 178/06 |
| Hearing date | 15 Nov 2006 |
| Determination date | 15 December 2006 |
| Member | P R Stapp |
| Representation | P Drummond ; E Hartdegen |
| Location | Wellington |
| Parties | Field v AB Equipment Ltd |
| Summary | PRACTICE AND PROCEDURE - Quantum of remedies - Authority had reserved leave on calculation of lost benefit if parties could not agree on sum - Parties unable to resolve issue - Applicant sought respondent's contribution to superannuation scheme - Whether applicant could reasonably have expected to obtain benefit if personal grievance had not arisen - Payment of employer's contribution discretionary - Respondent's policy recommended payment to members who belonged to scheme for more than five years - Applicant dismissed after two years eight months - No evidence intended to leave employment or retire - More than likely applicant would have worked for some time if not dismissed - No reason to disregard submission respondent did not pay out other than under terms of scheme - Even if applicant remained for required time would only have prospect of qualifying and amount claimed would be speculative - Authority declined to award applicant employer contribution - COSTS - Successful personal grievance - Length of investigation meeting not specified - Applicant sought contribution of $6,000 to total costs of $9,000, including $2,000 for second mediation directed by Authority - Claim reasonable except for inclusion of mediation costs - No good reason to depart from usual practice not to award costs for mediation |
| Result | Orders accordingly ; Costs in favour of applicant ($4,000) ; Disbursements ($430) ; ($70)(Filing fee) |
| Statutes | ERA s159 |
| Cases Cited | Field v AB Equipment Ltd unreported, P Stapp, 6 Nov 2006, WA 154/06 |
| Number of Pages | 3 |
| PDF File Link: | wa 178_06.pdf [pdf 26 KB] |