Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 10A/09
Determination date 01 April 2009
Member H Doyle
Representation KW Chandler (in person) ; D Smith
Location Christchurch
Parties Chandler v Prime Pine Kaikoura Ltd
Summary PRACTICE AND PROCEDURE – Quantum of remedies – Authority reserved leave on calculation of lost wages if parties could not agree on sum – Parties unable to resolve issue – Applicant claimed actual hours worked over 40 hours per week therefore should be averaged out as basis for calculation – Respondent claimed lost wages calculated on 40 hours per week basis consistent with employment agreement (“EA”) – Authority found applicant worked over 40 hours per week at all material times and excess hours recorded as overtime – Found actual hours of work should be averaged out which was 48 hours per week – Found not appropriate to take ordinary hours from EA – Found respondent’s methodology for determining quantum appropriate
Result Reimbursement of lost wages ($624)(3 months)
Main Category Practice & Procedure
Number of Pages 3
PDF File Link: ca 10a_09.pdf [pdf 15 KB]