| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 68A/07 |
| Determination date | 23 August 2007 |
| Member | H Doyle |
| Representation | H Evans, T Smith ; D Gorrie |
| Location | Christchurch |
| Parties | Denton v Gorrie Fuel (SI) Ltd |
| Summary | PRACTICE AND PROCEDURE - Quantum of remedies - Authority had reserved leave on calculation of holiday pay if parties could not agree on sum - Parties unable to resolve issue - Applicant's hourly rate $10.00 - Authority calculated applicant's entitlement in accordance with formula s9(3) Holidays Act 2003 - Respondent ordered to pay applicant $634 for 8 alternative holidays and arrears claim - COSTS - Successful personal grievance - ï¾½ day investigation meeting - Applicant submitted actual costs exceeded $4,000 and sought a contribution of $2,500 - Respondent argued applicant attempted to increase costs by conduct, failing to file documents on time and bringing inadmissible evidence - Also submitted holiday pay matter should have been dealt with by Labour Inspector - Not persuaded would have greatly impacted on costs had matter been dealt with elsewhere - Challenge to Employment Court not good reason to not determine costs - No good reason not to make award of costs to successful applicant - Adjustment in award for delay in lodging briefs - Fair and reasonable contribution to applicant's costs awarded |
| Result | Quantum specified ; Arrears of holiday pay ($634) (Public Holidays) ; Costs in favour of applicant ($1,800) |
| Main Category | Practice & Procedure |
| Statutes | Holidays Act 2003 s9(1);Holidays Act 2003 s60(2)(b)(i) |
| Cases Cited | PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 6 |
| PDF File Link: | ca 68a_07.pdf [pdf 30 KB] |