| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 232 |
| Determination date | 24 October 2012 |
| Member | H Doyle |
| Representation | P Butler ; P Shaw |
| Parties | Benge v Canterbury Language College Ltd |
| Summary | JURISDICTION – Whether Authority had jurisdiction to make order for payment by instalments under s123(2) Employment Relations Act 2000 (“ERA”) after order for payment made already – Authority found correct interpretation of s 123(2) did not prevent application to Authority for order for payment by instalments after orders for payment of money had been made – Authority had jurisdiction to make order under s123(2) ERA after order for payment made already – PRACTICE AND PROCEDURE – Respondent sought order allowing payment of lost wages, compensation and costs due to applicant under previous Authority determinations by instalments – Found respondent’s purchase of foreign language school finalised after investigation meeting in substantive matter and unwise for respondent not to set sum of money aside to meet any liability – Application dismissed |
| Abstract | Respondent sought order allowing payment of lost wages, compensation and costs due to applicant under previous Authority determinations by instalments. Applicant claimed no jurisdiction for Authority to order payment by instalments under s123(2) Employment Relations Act 2000 (“ERA”) after order for payment made already. Respondent claimed financial position required order for payment by instalments as Christchurch earthquakes had heavy impact on foreign student numbers and certain sum of money required to purchase language school in Auckland.;AUTHORITY FOUND –;JURISDICTION: Authority ordered non-publication of confidential information provided by respondent. Purpose of s123(2) ERA to enable employer to put before Authority information showing financial position such that payment of any award required to be by instalments. Employer not required to anticipate possibility of award and place information before Authority at time of investigation meeting before liability and quantum determined and employer able to know whether able to pay any award. Correct interpretation of s123(2) ERA did not prevent application to Authority for payment by instalments after orders for payment of money had been made. Authority had jurisdiction to make order under s123(2) ERA after order for payment made already.;PRACTICE AND PROCEDURE: Respondent’s purchase of language school finalised after investigation meeting in substantive matter in knowledge potentially significant liability to meet with respect to applicant’s claim. Unwise for respondent not to set sum of money aside to meet any liability. Application dismissed. |
| Result | Application granted (jurisdiction); Application dismissed (practice and procedure); No order for costs |
| Main Category | Jurisdiction |
| Statutes | ERA s138(4A);ERA Second Schedule cl15(2) |
| Cases Cited | Dallimore v Wholesale Buying Ltd [2012] NZERA Christchurch 172;Smith v Munchies On Marsden Ltd [2012] NZERA Christchurch 85 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Christchurch_232.pdf [pdf 185 KB] |