| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 65 |
| Determination date | 13 July 2015 |
| Member | M B Loftus |
| Representation | S O'Neill ; R Harrison |
| Location | Wellington |
| Parties | O'Neill v Hawkeye UAV Ltd |
| Summary | PRACTICE AND PROCEDURE – Application to re-open investigation – Applicant claimed respondent breached terms of settlement agreement (“SA”) |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Correct procedure for failure to comply with SA is to apply for compliance order. Inappropriate to condone alternate course of action. In any case, no good reason to re-open investigation as respondent’s breach of SA inadvertent, applicant not facing any adverse consequences and respondent no longer trading and has no assets. Application to re-open investigation dismissed. |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Practice & Procedure |
| Statutes | ERA;ERA s137(1)(b) |
| Cases Cited | O’Neill v Hawkeye UAV Ltd [2015] NZERA Wellington 15 |
| Number of Pages | 3 |
| PDF File Link: | 2015_NZERA_Wellington_65.pdf [pdf 89 KB] |