| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 33/10 |
| Determination date | 15 February 2010 |
| Member | J Crichton |
| Representation | S Fairclough ; B Nathan |
| Location | Christchurch |
| Parties | Brown v Avon Picture Mouldings Ltd |
| Summary | COSTS – RECOVERY OF MONIES – 1 day and a half investigation meeting – Unsuccessful personal grievance – Applicant previously granted interim reinstatement on garden leave – Subsequently, applicant dismissed during reinstatement period – Applicant paid wages during garden leave period – Applicant gave undertaking would reimburse respondent should justified dismissal be found – Respondent sought reimbursement of total amount – Authority noted purpose of interim decision to reinstate applicant on garden leave basis was to give respondent opportunity to inquire into serious sexual harassment allegations against applicant – Authority rejected applicant’s argument that respondent had not taken proper steps to mitigate loss as applicant’s offer to return to duty not accepted – Respondent sought $6,000 as reasonable contribution to costs – Authority found no reason to depart from daily tariff approach principles – Found matter not unduly complex although unusual given two dismissals – Applicant to pay respondent $10,108 being wages applicant received while on garden leave – Applicant ordered to pay respondent $4,500 contribution to costs |
| Result | Costs in favour of respondent ($4,500) ; Recovery of monies ($10,108.11) |
| Main Category | Costs |
| Number of Pages | 4 |
| PDF File Link: | ca 33_10.pdf [pdf 15 KB] |