| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 140A/08 |
| Determination date | 20 November 2008 |
| Member | J Crichton |
| Representation | P James ; L Penno |
| Location | Christchurch |
| Parties | C v D Ltd |
| Summary | COSTS – Successful personal grievance – One and half day investigation meeting - Applicant sought contribution of two thirds of applicant’s actual costs – Parties accepted challenge filed by respondent not to, as matter of law, operate as stay of proceedings, but accepted appropriate for funds to be held in solicitor’s trust account pending disposition of challenge – Authority found usual principles and tariff approach appropriate - Costs of $4,500 in favour of applicant - PRACTICE AND PROCEDURE – Applicant sought to fix quantum of respondent’s contribution to wages – Previous determination directed respondent to pay contribution to applicant’s wages in an amount equivalent to the average gross amount applicant would have earned from date of termination of employment to date of investigation meeting, less any amount earned elsewhere – Authority accepted quantum of applicant’s calculation – Found statue does not preclude finding of lost wages without personal grievance finding of unjustified dismissal – In these particular unusual circumstances, wages became due and owing as direct consequence of disadvantage – Applicant lost access to income as direct result of unjustified actions of respondent - Disadvantage in this case included wage loss - Applicant undertook to hold costs, compensation and lost wages awards in solicitor’s trust account pending disposition of challenge |
| Result | RESULT: Costs in favour of applicant ($4,500) ; Reimbursement of lost wages ($8,216.50) ; Costs, compensation award and lost wages to be held in trust by applicant’s solicitor |
| Main Category | Practice & Procedure |
| Statutes | ERA s128 |
| Cases Cited | PBO Ltd v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | ca 140a_08.pdf [pdf 18 KB] |