| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 11A/02 |
| Determination date | 19 March 2002 |
| Member | R A Monaghan |
| Representation | R Oldham ; S Blackwell |
| Location | Auckland |
| Parties | Phillips v Computer Exchange Corporation (NZ) Ltd |
| Other Parties | Computer Exchange Ltd |
| Summary | PRACTICE AND PROCEDURE - Supplementary determination - Clarification of previous determination sought - Inappropriate to join first respondent without notice - Remedies - Penalty - Alleged breaches of obligations of good faith and fair and reasonable treatment - Breaches dealt with under personal grievance - Application for penalty dismissed - Interest payable in respect of holiday pay only - COSTS - Contribution of $10,000 to total costs of $13,000 sought by applicant - Contribution also sought by respondents - Employment relationship problem complicated by conduct of both parties - Appropriate that order be made in favour of applicant - Costs payable by second respondent |
| Result | Questions answered ; Costs in favour of applicant ($1,500) |
| Statutes | ERA s131;ERA s135;ERA s157(1);ERA Second Schedule cl11 |
| Cases Cited | Harris v Benchmark Building Supplies Ltd unreported, WRC Gardiner, 14 February 2002, AA 28/02 |
| Number of Pages | 3 |
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