Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2013] NZERA Christchurch 251
Determination date 04 December 2013
Member M B Loftus
Representation P O'Sullivan (in person) ; T Cleary
Parties O'Sullivan v Literacy Training Ltd (in liquidation)
Summary COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified - - Respondent sought $4,000 contribution towards costs – Questionable whether substantive determination should have been issued as respondent in liquidation - If substantive determination had not been issued there would have been no costs and applicant likely denied of right to challenge due to Companies Act 1993 – Costs to lie where they fall
Result Costs to lie where they fall
Main Category Costs
Statutes Companies Act 1993 s248;Companies Act 1993 s248(1)(a);Companies Act 1993 s248(1)(c)
Cases Cited Newick v Working in Ltd (in liquidation) [2013] NZEmpC 132;Pacific holdings Ltd v Hudson New Zealand Ltd unreported, Faire J, 8 Sept 2005, CIV-2005-404-531;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Park v K & C Howick Ltd t/a Howick Kim’s Club (in liquidation) unreported, D King, 14 August 2007, AA247/07;Sandilands v Chief Executive of the Department of Corrections unreported, P Stapp, 10 September 2009, WA67A/09;Swales v AFFCO New Zealand Ltd unreported, Colgan J, 23 March 2001, AC19/01
Number of Pages 4
PDF File Link: 2013_NZERA_Christchurch_251.pdf [pdf 149 KB]