| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 182A/10 |
| Determination date | 11 November 2010 |
| Member | J Crichton |
| Representation | J Sanders ; S Grey |
| Location | Christchurch |
| Parties | Cook v Bradiana Enterprises Ltd |
| Summary | ARREARS OF HOLIDAY PAY AND SICK PAY – Parties unable to reach agreement on arrears – Applicant claimed $140 sick pay outstanding – Respondent accepted amount claimed – Applicant claimed $1,401 holiday pay – Authority found $1,542 in total due and owing – COSTS – Unsuccessful personal grievance – Half day investigation meeting – Respondent sought $2,500 costs – Respondent claimed applicant’s advocate ought not to have been involved in matter as personally and directly involved in events leading to applicant’s resignation – Applicant claimed unemployed and as high school student not in position to make any contribution to costs – Applicant claimed fees not reasonably incurred because much of work effectively pro bono – Found no impropriety by applicant’s advocate – Found in house counsel should not receive same consideration in costs setting as fees charged by outside counsel – Found applicant had no financial resources – Costs to lie where they fall |
| Result | Application granted ; Arrears of holiday pay and sick pay ($1,542.09) ; Costs to lie where they fall |
| Main Category | Arrears |
| Statutes | Holidays Act 2003 |
| Cases Cited | PBO Ltd v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | ca 182a_10.pdf [pdf 14 KB] |