| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 88 |
| Determination date | 21 June 2011 |
| Member | H Doyle |
| Representation | W Clark ; B Dorking |
| Location | Auckland |
| Parties | Kilgour v Queens High School Board of Trustees |
| Summary | PRACTICE AND PROCEDURE – Quantum of remedies – Authority reserved leave on calculation of redundancy compensation – Parties disputed amount to be deducted from redundancy compensation – Authority found no overpayment tax situation – Applicant raised issue of notice period under redundancy provisions – Found issue did not fall within area of leave – Applicant also raised issue of whether interest payable should compound after 12 months – Found no compound interest – COSTS – Successful personal grievance – One day investigation meeting – Applicant sought $3,500 contribution to $6,000 total costs – Respondent claimed applicant only entitled to $480 – Respondent claimed account should be had of first statement in reply accepting applicant’s entitlement to redundancy compensation – Authority rejected respondent’s claims – Found later statement in reply raised argument that no redundancy payable – Found appropriate to reduce costs since significant part of applicant’s claim unsuccessful – Respondent to pay $2,300 contribution to applicant’s costs |
| Result | Quantum specified; Redundancy compensation ($15,786.01); Costs in favour of applicant ($2,300) |
| Main Category | Practice & Procedure |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Christchurch_88.pdf [pdf 14 KB] |