| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 323 |
| Determination date | 30 July 2014 |
| Member | R Arthur |
| Representation | G Bennett ; M Whitehead |
| Parties | Shulruf v Yoghurt Sensations Ltd |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE - Application to vary orders made in previous Authority determination - Respondent ordered previously to pay applicant arrears of wages, reimbursement of lost wages and compensation for humiliation etc - Respondent sought order for payment by instalments - COSTS - Successful personal grievance and arrears of wages claims - Applicant sought $3,869 contribution towards costs |
| Abstract | AUTHORITY FOUND -;COUNTERCLAIM - PRACTICE AND PROCEDURE: No evidence that respondent's wider business group lacked cash flow from other stores or access to credit such that unable to make payment to applicant within ordered timeframe. Payment by instalments not required by respondent's financial position. Application dismissed.;COSTS: Less than one day investigation meeting. Appropriate to increase notional daily tariff due to respondent's lateness to investigation meeting. Appropriate to make modest allowance for costs of responding to application for payment by instalments. Respondent to pay applicant $2,569 contribution towards costs. |
| Result | Costs in favour of applicant ($2,569.06) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Application dismissed (counterclaim - practice and procedure) |
| Main Category | Costs |
| Statutes | ERA;ERA s131(1A);ERA s138(4A) |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Shulruf v Yoghurt Sensations Ltd [2014] NZERA Auckland 307 |
| Number of Pages | 4 |
| PDF File Link: | 2014_NZERA_Auckland_323.pdf [pdf 172 KB] |