| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 155A/10 |
| Determination date | 20 December 2010 |
| Member | P Cheyne |
| Representation | B Gillanders ; J Lovely |
| Location | Christchurch |
| Parties | McKendry v Jansen and Anor |
| Other Parties | Prouting |
| Summary | PRACTICE AND PROCEDURE - Quantification of remedies - In earlier determination Authority found applicant had personal grievance - Authority reserved applicant’s claim for lost benefits, being loss of paid parental leave - Referred question of whether Authority could compensate for loss of paid parental leave to Employment Court (“EC”) - EC held s123(1)(b) and s123(1)(c)(ii) Employment Relations Act 2000 (“ERA”) permitted Authority to award compensation for loss of entitlement to paid parental leave under Parental Leave and Employment Protection Act 1987 - Authority to now determine quantum of compensation payable for loss of benefit - Respondent claimed as applicant received parental tax credit lost entitlement to paid parental leave payment - Claimed therefore applicant did not suffer any loss - Authority found as matter of principle purpose of award of compensation was to restore grievant to position would have been in but for grievance - Found to be compensatable, loss must have been caused by employer’s wrongful actions giving rise to grievance - Found had applicant not been dismissed would have become eligible to receive paid parental leave - Found therefore, applicant suffered loss of paid parental leave caused by personal grievance - Authority calculated how much paid parental leave applicant would have received and deducted amount of parental tax credit - Authority rejected respondent’s claim other taxation benefits received by applicant should also be brought into mitigation - Found no evidence provided to establish circumstances in which benefits paid or how related to paid parental leave payments - Respondents to pay applicant $4,816 compensation pursuant to s123(1)(c)(ii) ERA - Authority also clarified how reimbursement of lost wages to be quantified - Leave reserved if parties unable to agree on sum owed - Hairdresser |
| Result | Application granted ; Loss of benefit ($4,816.36)(Parental Leave) ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s123(1)(b);ERA s123(1)(c)(ii);Parental Leave and Employment Protection Act 1987 s71D(1);Parental Leave and Employment Protection Act 1987 s71G(2);Parental Leave and Employment Protection Act 1987 s71I;Parental Leave and Employment Protection (Rate of Parental Leave Payment) Regulations 2009 |
| Cases Cited | McKendry v Jansen & Anor [2010] ERNZ 453 |
| Number of Pages | 4 |
| PDF File Link: | ca 155a_10.pdf [pdf 19 KB] |