| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 195 |
| Determination date | 07 June 2012 |
| Member | E Robinson |
| Representation | S Bali (in person) ; M Kyne |
| Location | Auckland |
| Parties | Bali v SRG Holdings Ltd t/a Supervalue |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with settlement agreement (“SA”) – Authority found respondent complied with SA – No breach of SA – COSTS – No investigation meeting – Respondent sought contribution towards costs – Applicant to pay respondent $875 contribution towards costs |
| Abstract | Applicant sought compliance with settlement agreement (“SA”). SA provided respondent to offer applicant employment for 30 hours per week and on terms substantially similar to applicant’s previous employment agreement (“EA”). Applicant claimed respondent breached SA by offering applicant employment in part time position and by including 90 day trial period in EA. Respondent sought contribution towards costs if successful.;AUTHORITY FOUND –;COMPLIANCE ORDER: SA provided that applicant to be offered employment for 30 hours per week and respondent offered applicant employment for 30 hours per week. Applicant being offered employment with new employer and applicant’s previous employment agreement included trial period. No breach of SA.;COSTS: No investigation meeting. Applicant to pay respondent $875 contribution towards costs. |
| Result | Application dismissed; Costs in favour of respondent ($875) |
| Main Category | Compliance Order |
| Statutes | ERA s149 |
| Cases Cited | Cliff v Air New Zealand Ltd unreported, Shaw J, 17 November 2006, AC47A/06;NZ Automobile Assoc Inc v McKay [1996] 2 ERNZ 622;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_195.pdf [pdf 24 KB] |