| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 156 |
| Hearing date | 10 Jul 2012 |
| Determination date | 31 July 2012 |
| Member | C Hickey |
| Representation | R Thompson ; J Phillips (in person) |
| Location | Christchurch |
| Parties | Hines v Phillips |
| Summary | JURISDICTION - COMPLIANCE ORDER – Applicant sought compliance with settlement agreement (“SA”) that company applicant previously employed by (“company”) would pay applicant all arrears of holiday pay within agreed timeframe - Respondent company director and personally guaranteed payment of arrears by company – Authority found did not have jurisdiction to determine enforceability of respondent’s guarantee – Alternatively, found Authority did not have jurisdiction to order respondent to make payment pursuant to parties’ SA as SA not signed by mediator - Application dismissed |
| Abstract | Applicant sought compliance with settlement agreement (“SA”) that company applicant previously employed by (“company”) would pay applicant all arrears of holiday pay within agreed timeframe. Respondent company director and personally guaranteed payment of arrears by company. Applicant sought compliance by respondent not company as company in receivership. SA not signed by Department of Labour mediator. Respondent claimed Authority did not have jurisdiction to grant compliance order. Applicant claimed respondent prevented mediator from signing SA before company went into receivership. Respondent denied attempted to frustrate SA and claimed after company went into receivership could no longer represent company.;AUTHORITY FOUND –;COMPLIANCE ORDER: Authority satisfied respondent director of company. Not sufficiently direct connection between enforceability of respondent’s personal guarantee and employment relationship between applicant and company. Authority did not have jurisdiction to determine enforceability of respondent’s guarantee. Alternatively Authority did not have jurisdiction to order respondent to make payment pursuant to SA as SA not signed by mediator. No jurisdiction. Application dismissed. |
| Result | Application dismissed ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA s137;ERA s149;ERA s149(3);ERA s151;ERA s161(r) |
| Cases Cited | Pain Management Systems (NZ) Ltd v McCallum unreported, Panckhurst J, 14 September 2001, CP72/01;Wade v Hume Pack-N-Cool Limited (2012) 9 NZELR 492 |
| Number of Pages | 6 |
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