| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 52 |
| Determination date | 02 April 2014 |
| Member | C Hickey |
| Parties | Hixon, Labour Inspector v Akbabas Ltd |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE - Respondent sought leave to file objection to improvement notice out of time - Improvement notice required respondent to comply with certain statutes, pay arrears of wages to employee and provide evidence that steps towards specified actions taken - Applicant sought compliance with improvement notice and penalty for respondent's failure to comply with improvement notice |
| Abstract | AUTHORITY FOUND -;COUNTERCLAIM - PRACTICE AND PROCEDURE: No need to grant respondent leave to file objection to improvement notice out of time in order to determine applicant's application for compliance while observing natural justice. Determination of compliance order application would require consideration of whether respondent lawfully required to comply with requirements set out in improvement notice. Application for leave to file objection to improvement notice out of time dismissed. |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA;ERA s130;ERA s132;ERA s135;ERA s137;ERA s137(1)(a)(iiib);ERA s137(2);ERA s137(3);ERA s138;ERA s157;ERA s157(2)(a);ERA s219;ERA s223D(6);ERA s223E;ERA s223E(1);ERA s223E(2)(a);ERA s223E(2)(b);ERA s223E(2)(c);ERA s223E(3);ERA s223F(1);Holidays Act 2003;Minimum Wage Act 1983;Wages Protection Act 1983 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Christchurch_52.pdf [pdf 230 KB] |