| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 187 |
| Determination date | 28 November 2011 |
| Member | H Doyle |
| Representation | R Davidson ; A Knowsley |
| Location | Christchurch |
| Parties | Manawatu v Te Tai O Marokura Charitable Trust |
| Summary | PRACTICE AND PROCEDURE – Quantum of Remedies – Authority previously ordered parties to agree on quantum of applicant’s lost wages – Previously found applicant unjustifiably dismissed and entitled to remedies – Previously found 25 percent contributory conduct – Applicant claimed $8,679 should be paid in full without deduction because applicant continued to sustain loss of wages after 10 month period ended – Previously found insufficient evidence of attempts after that time to mitigate loss – Found contribution to be deducted from lost wages – $6,509 reimbursement of lost wages appropriate – COSTS – One and a half day investigation meeting – Applicant claimed matter complex because of nature of applicant’s employment and complexity of various relationships between applicant and respondent agents – Applicant claimed arguments did not lack substance and issues not unduly technical nor legalistic – Applicant sought contribution to $9,500 total costs – Respondent claimed applicant made no approach to reach agreement on costs – Respondent claimed costs should be subject to 25 percent reduction – Respondent claimed applicant’s conduct caused investigation meeting to be longer than necessary – Found additional time caused by statements made by applicant in statement of evidence – Found second day only occupied one and a half hours but allowance should be made for subsequently provided written submissions – Found reduction made for increased hearing time – $4,000 contribution to costs appropriate – Found travel costs incurred and reimbursement appropriate |
| Result | Quantum determined ; Reimbursement of lost wages ($6,509.25) ; Costs in favour of applicant ($4,000) ; Disbursements in favour of applicant ($438)(Filing fee and travel costs) |
| Main Category | Practice & Procedure |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Reid v New Zealand Fire Service Commission [1995] 2 ERNZ 38;White v Auckland District Health Board [2008] NZCA 451 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Christchurch_187.pdf [pdf 23 KB] |