| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 50/10 |
| Determination date | 19 March 2010 |
| Member | D Asher |
| Representation | J Murphy ; A Paddison |
| Location | Wellington |
| Parties | Cottle v Maintenance Manawatu Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with earlier Authority determination – Respondent breached parties’ agreement and Authority determination – Respondent argued applicant abandoned employment and sought recovery of monies during unworked noticed period – Argued overpayment of holiday pay and sick leave - Sought costs against applicant – Authority functus officio in respect of applicant’s substantive claim – Found respondent could not bring new claims against applicant without filing separate claims – Found respondent breached agreement and substantive determination – Compliance ordered – COSTS – Authority found $1,500 and further $500 costs appropriate – Found interest payable as applicant not enjoyed benefit of earlier success – Costs in favour of applicant |
| Result | Compliance ordered ; Costs in favour of applicant ($2,000) |
| Main Category | Compliance Order |
| Cases Cited | Cottle v Maintenance Manawatu Ltd unreported, D Asher, 7 Sep 2009, WA 128/09 |
| Number of Pages | 6 |
| PDF File Link: | wa 50_10.pdf [pdf 21 KB] |