Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2015] NZERA Auckland 45
Determination date 12 February 2015
Member TG Tetitaha
Representation F Ashton ; J Douglas
Parties Thompson v Genesis Communications Ltd
Summary COMPLIANCE ORDER - Applicant sought compliance with parties' settlement agreement - Without notice application - Ex parte application
Abstract AUTHORITY FOUND -;COMPLIANCE ORDER: No express power for Authority to make compliance order without notice to respondent. Authority required to take into account compliance with principles of natural justice when exercising discretion to issue compliance order. Fact money due and owing to applicant did not meet requirements for making compliance order without notice to respondent. Application to proceed on notice.
Result Orders made ; Costs reserved
Main Category Compliance Order
Statutes ERA s138(5);ERA s157;ERA s157(2)(a)
Cases Cited Metargem v Employment Relations Authority [2003] 2 ERNZ 186 (EmpC);United Food & Chemical Workers Union of NZ v Talley [1992] 1 ERNZ 756 (LC)
Number of Pages 2
PDF File Link: 2015_NZERA_Auckland_45.pdf [pdf 86 KB]