| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 81C/10 |
| Hearing date | 10 Nov 2010 |
| Determination date | 07 December 2010 |
| Member | G J Wood |
| Representation | T Blake ; P McBride |
| Location | Wellington |
| Parties | Adams v Wellington Free Ambulance Service Inc |
| Summary | PRACTICE AND PROCEDURE – Supplementary determination of Authority – Remedies – In substantive determination Authority found applicant unjustifiably dismissed – 60 percent contributory conduct – Parties unable to determine reimbursement of lost wages – Applicant sought $6,678 reimbursement of lost wages including holiday pay – Found holiday pay irrelevant to calculations ordered by Authority – $6,464 reimbursement of lost wages appropriate – COSTS – Unsuccessful application for interim reinstatement – Length of investigation meeting not specified – Respondent sought $5,000 contribution to $6,358 total costs – Authority found significant amount of claim related to mediation and other assistance over disciplinary issues – Found great deal of material prepared at short notice – $1,500 contribution to costs appropriate – Respondent claimed disbursements for administration costs – Found administration costs unexplained – No award for disbursements – Successful application for stay – Length of investigation meeting not specified – Respondent sought $500 contribution to costs – Found grant of stay indulgence – Found limited work required – No costs awarded – Successful personal grievance – 5 day investigation meeting – Calderbank offer rejected by applicant – Authority took no account of applicant’s subsequent offer – Found Calderbank offer made in sufficient time for considered acceptance and contained more than just financial compensation – Found respondent’s offer effective – Therefore, costs award in favour of respondent appropriate – Respondent claimed $25,000 indemnity costs – Found respondent not entitled to indemnity costs just because Calderbank offer should have been accepted – Found 5 days for investigation meeting on unjustified dismissal extreme – Found both parties must take responsibility for ensuing lengthening investigation meeting – Found matter should have taken no more than 3 days – Allowance of 4 days made on basis of delays due to urgency necessitated by genuine claim for reinstatement – Found applicant unable to pay significant sum in costs – Found applicant now employed and remedies paid or soon to be paid – $6,000 contribution to costs appropriate – Found instalment plan may be entered by parties – Expenses allowed for one witness who lived outside Wellington |
| Result | Application granted ; Reimbursement of lost wages ($16,162.15 reduced to $6,464.86) ; Costs in favour of respondent ($7,500) ; Disbursements in favour of respondent ($280.58)(Expenses) |
| Main Category | Costs |
| Cases Cited | Blue Star Print (NZ) Ltd v Mitchell [2010] ERNZ 446;Bradbury v Westpac Banking Corporation [2009] 3 NZLR 400;Health Waikato Ltd v Elmsly [2004] ERNZ 172;NZEPMU and Ors v Zeal 320 Ltd and Anor [2009] ERNZ 458 |
| Number of Pages | 6 |
| PDF File Link: | wa 81c_10.pdf [pdf 31 KB] |