| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 168/10 |
| Determination date | 13 April 2010 |
| Member | Y S Oldfield |
| Representation | L Yukich ; R Gibson |
| Location | Auckland |
| Parties | Lewis v City Care Ltd |
| Summary | PRACTICE AND PROCEDURE - Supplementary determination of Authority on remedies - In substantive determination Authority found applicant unjustifiably dismissed - Found level of contributory conduct high - By agreement with parties question of remedies reserved pending determination of substantive issues - Parties subsequently provided supplementary information and submissions on remedies - Authority set level of contribution at 40 percent - Applicant sought reinstatement - Respondent claimed no vacancies in immediate geographic area and only two vacancies in whole of respondent were in South Island - Applicant did not dispute that by sought order applicant be reinstated to any future position with respondent in immediate geographic area - Authority agreed with respondent’s claim Authority lacked jurisdiction to make order sought - Found reinstatement not practicable - Applicant claimed three months reimbursement of lost wages - Found applicant unemployed for approximately two months despite applying for jobs and then started as self employed contractor - Found difference between what applicant would have earned in three months and what did earn $2,518 - Amount to be reduced by 40 percent - Applicant sought $30,000 compensation - Authority agreed with respondent’s claim figure excessive and not supported by evidence - However, accepted dismissal hugely disruptive and distressing for applicant - Found in all circumstances and but for contribution award of $10,000 compensation appropriate |
| Result | Application granted ; Reinstatement declined ; Reimbursement for lost wages ($2,518.97 reduced to $1,511.38) ; Compensation for humiliation etc ($10,000 reduced to $6,000) ; Costs reserved |
| Main Category | Practice & Procedure |
| Number of Pages | 4 |
| PDF File Link: | aa 168_10.pdf [pdf 14 KB] |