| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 85 |
| Determination date | 07 May 2012 |
| Member | H Doyle |
| Representation | S Hollis ; R Scott |
| Location | Christchurch |
| Parties | Smith v Munchies on Marsden Ltd |
| Summary | PRACTICE AND PROCEDURE – Respondent sought order allowing payment of lost wages and compensation due to applicant by instalments – Respondent claimed not able to make lump sum payment – Applicant claimed payment by instalments would take eight years to pay off amount owing – Applicant claimed significant risk respondent would wind up and re-establish as new company to avoid liability – Applicant disputed reliability of respondent’s financial statements – Authority found respondent’s financial position required payment by instalments – However, only proposal Authority could consider was payment by instalments $20 per week – Found applicant would not receive full payment for about eight years, would be in inferior position to respondent’s other creditors and unable to enforce determination in usual way – Application dismissed |
| Result | Application dismissed; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s123(2) |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Christchurch_85.pdf [pdf 14 KB] |