| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 424 |
| Determination date | 18 September 2013 |
| Member | A Fitzgibbon |
| Representation | D Gelb ; G Pollak |
| Parties | Patel v Kangnai Footwear Ltd |
| Summary | COUNTERCLAIM – PRACTICE AND PROCEDURE – Application for stay of proceedings – Whether compliance order proceeding should be stayed while previous Authority determination challenged in Employment Court – COMPLIANCE ORDER – PENALTY – Applicant sought compliance with previous Authority determination and penalty for respondent’s failure to comply with previous Authority determination – Authority previously ordered respondent to pay applicant $12,656, interest on lost wages, and holiday pay – Payment of holiday pay made |
| Abstract | AUTHORITY FOUND –;COUNTERCLAIM – PRACTICE AND PROCEDURE: Respondent’s election to challenge previous Authority determination in Employment Court did not operate as stay of compliance order proceedings. Application for stay of proceedings declined.;COMPLIANCE ORDER – PENALTY: Respondent had obligation to make payment ordered by Authority. Insufficient evidence to identify with certainty respondent in precarious financial position. Compliance ordered. No penalty. |
| Result | Application granted (compliance order) ; Compliance ordered ; Applications dismissed (counterclaim – practice and procedure)(penalty) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA;ERA s137;ERA s179;ERA s180 |
| Cases Cited | Patel v Kangnai Footwear Ltd [2013] NZERA Auckland 291;Patel v Kangnai Footwear Ltd [2013] NZERA Auckland 361 |
| Number of Pages | 4 |
| PDF File Link: | 2013_NZERA_Auckland_424.pdf [pdf 142 KB] |