| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 172 |
| Determination date | 15 August 2012 |
| Member | H Doyle |
| Representation | G nation, S Waggott ; P Shaw |
| Parties | Dallimore v Wholesale Buying Ltd |
| Summary | PRACTICE AND PROCEDURE - Respondent sought order that awards payable by respondent be paid in instalments and order prohibiting publication of respondent financial information - Order prohibiting publication of respondent’s end of year accounts, draft accounts and particular information in determination about respondent – Authority found respondent not in strong financial position and respondent unable to make payments in full immediately - Respondent to pay applicant amounts previously awarded by Authority including previous costs awards in six monthly instalments of $2,743 - Full amount to be due and owing if respondent failed to pay instalments by specified due dates |
| Abstract | Respondent sought order that awards payable by respondent be paid in instalments.;Respondent sought non-publication of financial information provided by respondent in support of application. Authority previously ordered respondent pay applicant compensation and reimbursement of lost wages for successful personal grievance claim. Respondent claimed respondent ongoing viability and respondent employees would be at risk if required to pay awards in full immediately. Respondent sought order respondent pay awards, including costs later awarded by Authority in applicant’s favour, in $200 monthly instalments. Applicant accepted respondent struggling financially following Christchurch earthquake. Applicant claimed if respondent paid awards at rate of $200 per month would not be paid in full for more than six years and risk respondent would be “wound up” before full payment made.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE – Could not remove all references to respondent’s financial situation in determination. Order prohibiting publication of respondent’s end of year accounts, draft accounts and particular information in determination about respondent. Respondent not in strong financial position and respondent unable to make payments in full immediately. However if respondent only paid $200 monthly applicant would not be paid in full for unreasonably long period of time and risk to applicant as unsecured creditor. Respondent to pay applicant amounts previously awarded by Authority including previous costs awards in six monthly instalments of $2,743. Full amount to be due and owing if respondent would to make instalments by specified due date. |
| Result | Application granted ; Orders made ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s138(4A) |
| Cases Cited | Dallimore v Wholesale Buying Ltd [2012] NZERA Christchurch 171;Stein v Garrard’s (NZ) Ltd unreported, R Monaghan, 8 August 2008, AA 287/08 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Christchurch_172.pdf [pdf 142 KB] |