| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 422 |
| Determination date | 27 November 2012 |
| Member | A Dumbleton |
| Representation | P Churchman, M O'Brien ; H Waalkens, P Swarbrick |
| Parties | Edwards v Two Degrees Mobile Ltd |
| Summary | PRACTICE AND PROCEDURE – Application to re-open investigation - Parties sought that Authority re-open investigation and Authority quash order relating to penalty against respondent – Authority ordered that, by consent of parties, investigation be re-opened and order that respondent pay applicant penalty be stayed - Previous Authority order that respondent pay applicant penalty set aside and order that respondent pay applicant penalty quashed |
| Abstract | Parties sought that Authority re-open investigation and Authority quash order relating to penalty against respondent. Authority previously ordered that respondent pay applicant $4,000 penalty for breach of parties’ employment agreement. Parties had subsequently settled issues and applicant would withdraw claim for penalty against respondent. Applicant withdrew application for penalty.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: By consent of parties, ordered that investigation be re-opened and that order that respondent pay applicant penalty be stayed. Previous Authority order that respondent pay applicant penalty set aside and order that respondent pay applicant penalty quashed. |
| Result | Application granted ; Orders accordingly ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA Second Schedule cl4;ERA Second Schedule cl14 |
| Cases Cited | Edwards v Two Degrees Mobile Ltd [2012] NZERA Auckland 342 |
| Number of Pages | 2 |
| PDF File Link: | 2012_NZERA_Auckland_422.pdf [pdf 85 KB] |