| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 214 |
| Determination date | 05 October 2012 |
| Member | A Dumbleton |
| Location | Christchurch |
| Parties | Jackson v Rhino Painters Ltd |
| Summary | COSTS – Successful compliance order claim – Applicant sought contribution towards costs – Authority found $400 reasonable contribution towards applicant’s costs – Respondent to pay applicant $400 contribution towards costs - PENALTY – Authority had no jurisdiction to award penalty - PRACTICE AND PROCEDURE - Authority ordered respondent to provide applicant with records showing applicant’s holiday pay entitlements and payments made by respondent |
| Abstract | Applicant’s compliance order claim successful. Applicant sought contribution towards costs, penalty for applicant’s failure to comply with parties’ settlement agreement (“SA”) and arrears of holiday pay. Term of SA required respondent to pay applicant all outstanding wages and statutory entitlements. Applicant sought confirmation that all holiday pay entitlements had been paid or respondent to pay any outstanding amount.;AUTHORITY FOUND –;COSTS: $400 reasonable contribution towards applicant’s costs.;PENALTY: No jurisdiction for Authority to award penalty for respondent’s breach of parties’ SA.;PRACTICE AND PROCEDURE: Applicant’s claim for arrears of holiday pay simply request for information. Authority ordered respondent to provide applicant with holiday and leave records or wage and time records showing applicant’s holiday pay entitlements and payments made by respondent. |
| Result | Applications granted (costs and practice and procedure) ; Costs in favour of applicant ($400) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Orders made ; Application dismissed (penalty) |
| Main Category | Costs |
| Statutes | ERA s149;ERA Second Schedule cl15;ERA s221;Holidays Act 2003 s81 |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Christchurch_214.pdf [pdf 87 KB] |