| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 50 |
| Determination date | 06 May 2015 |
| Member | G J Wood |
| Representation | N Flint ; J Sumner |
| Parties | Ryder v Whitireia Independent Students Association and Anor |
| Other Parties | Whitireia Community Polytech |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with previous Authority determination – Whether second respondent financially responsible for first respondent and its debts |
| Abstract | AUTHORITY FOUND –COMPLIANCE ORDER: Second respondent never took over effective running of first respondent. Second respondent took prudent steps regarding monies held on behalf of first respondent. Beyond Authority’s jurisdiction to order second respondent to pay own funds to meet contingent liability to first respondent. No requirement for second respondent to make funds available to first respondent so first respondent could comply with Authority determination. No evidence that second respondent owed first respondent any money. Application for compliance order dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | Education Act 1989 s229CA;Education Act 1989 s229CA(4);Education Act 1989 s229CA(5);Education Act 1989 s229CA(6);Education Act 1989 s229CA(7);Education Act 1989 s229CA(8) |
| Cases Cited | McLennan v Internet Productions Ltd (in liquidation) [2003] 1 ERNZ 282 (EmpC);Northern Clerical Workers Union v Lawrence Publishing Co of New Zealand Ltd [1990] NZILR 717 (LC);Ryder v Whitireia Independent Students Association [2013] NZERA Wellington 34 |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Wellington_50.pdf [pdf 168 KB] |