| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 235 |
| Hearing date | 7 Jun 2013 |
| Determination date | 10 June 2013 |
| Member | A Fitzgibbon |
| Representation | M Moncur ; P Pa'u |
| Parties | Tian v South Pacific Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with previous Authority determination – Respondent previously ordered to pay applicant $67,186 – Parties directed to mediation following previous application for compliance order – Mediation unsuccessful – Respondent claimed previous Authority determination based on applicant’s ‘lies’ – Respondent challenging determination in Employment Court – Respondent claimed ceased trading and no ability to pay amounts ordered – COSTS – Applicant sought contribution towards costs |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER: Challenge filed in Employment Court did not defer respondent’s obligation to make payment. No date for Employment Court hearing. In interests of justice to order compliance. Compliance ordered.;COSTS: Length of investigation meeting not specified. Respondent to pay applicant $500 contribution towards costs. |
| Result | Application granted ; Compliance ordered ; Costs in favour of applicant ($500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Compliance Order |
| Statutes | EAR r26;ERA s137 |
| Cases Cited | Tian v South Pacific Ltd [2012] NZERA Auckland 367;Tian v South Pacific Ltd [2013] NZERA Auckland 160;United Food & Chemical Workers Union of NZ v Talley [1992] 1 ERNZ 756 |
| Number of Pages | 4 |
| PDF File Link: | 2013_NZERA_Auckland_235.pdf [pdf 151 KB] |