| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 86 |
| Hearing date | 28 Feb 2013 |
| Determination date | 10 May 2013 |
| Member | M B Loftus |
| Representation | P McBride ; J Copeland |
| Location | Invercargill |
| Parties | New Zealand Merchant Service Guild Industrial Union of Workers Inc and Ors v Real Journeys Ltd |
| Other Parties | Bourne, Conrad, King-Turner |
| Summary | PRACTICE AND PROCEDURE - Whether first applicant’s undertaking as to damages indemnified second applicants – COUNTERCLAIM - RECOVERY OF MONIES – Respondent sought recovery of monies for wages paid during interim restraint order – Respondent sought to make applicants redundant – Authority granted interim restraint on respondent’s restructure – Restraint lifted by subsequent determination - Whether damages payable for loss caused by restraint |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: First respondent’s undertaking indemnified second applicants.;COUNTERCLAIM - RECOVERY OF MONIES: Difficult to establish damage and respondent incapable of quantifying it. Applicants continued to provide labour to respondent. Respondent’s witnesses could not place value on work considered beneficial as opposed to unbeneficial. No recovery of monies. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Recovery of Monies |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Christchurch_86.pdf [pdf 153 KB] |