Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No [2011] NZERA Wellington 150
Determination date 23 September 2011
Member D Asher
Representation F Yu (in person) ; X Li (in person)
Location Wellington
Parties Yu v Li and Anor
Other Parties Symbol Spreading Ltd
Summary PRACTICE AND PROCEDURE – Quantum of remedies – Authority ordered parties to agree on quantum of arrears of wages based on formula set out in determination – Parties failed to agree on quantum of remedies – Authority found not opportunity to relitigate matters determined in substantive decision – Found based on formula applicant not owed outstanding wages – Found based on unreliability of records, inappropriate to factor claims of leave taken by applicant into calculations – Found respondent had no lawful reason not to pay ordered $2,000 compensation to applicant – No arrears of wages
Result Quantum specified ; No order for costs ; Disbursements in favour of applicant ($70)(filing fee)
Main Category Practice & Procedure
Cases Cited Yu v Li and Anor [2011] NZERA Wellington 61
Number of Pages 5
PDF File Link: 2011_NZERA_Wellington_150.pdf [pdf 15 KB]