| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 117C/09 |
| Determination date | 21 December 2009 |
| Member | D Asher |
| Representation | A Tayler ; K Forrest |
| Location | Wellington |
| Parties | Pollock v Aotearoa Coolstores Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant sought determination on quantum of lost wages award – Applicant claimed $16,250 lost wages award appropriate as mitigated loss by seeking new employment – Claimed income earned from operating own business should not offset earnings applicant would have enjoyed but for unjustified dismissal – Respondent argued applicant’s income derived from own business should offset lost wages award – Authority found respondent consented to applicant operating own business in substantive determination therefore did not offset lost wages award – Found to adopt respondent’s position would penalise applicant for respondent’s unjustified conduct – Found applicant mitigated loss therefore $16,250 reimbursement of three months lost wages appropriate – Quantum determined in applicant’s favour |
| Result | Quantum determined in applicant’s favour ; Reimbursement of lost wages ($16,250) |
| Main Category | Practice & Procedure |
| Cases Cited | Pollock v Aotearoa Coolstores Ltd unreported, D Asher, 21 Aug 2009, WA 117/09;Pollock v Aotearoa Coolstores Ltd & Anor unreported, D Asher, 27 Nov 2009, WA 117B/09 |
| Number of Pages | 3 |
| PDF File Link: | wa 117c_09.pdf [pdf 15 KB] |