Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No [2016] NZERA Wellington 84
Hearing date 14-Jul-16
Determination date 18 July 2016
Member Michele Ryan
Representation T Kennedy ; J Tannahill
Location Wellington
Parties Robinson v Pacific Seals (NZ) Ltd & Anor
Other Parties Wilton
Summary COMPLIANCE ORDER - Applicant sought compliance with previous Authority determination - First respondent previously ordered to pay contribution towards costs - COSTS - Applicant sought contribution towards costs
Abstract AUTHORITY FOUND -COMPLIANCE ORDER: Assertions that first respondent impecunious undermined by recent statements that monies owed held in trust account. First respondent will not meet obligations without imposition of compliance order. Second respondent, director of first respondent, has power to ensure compliance. Order made against second respondent to ensure payment by first respondent. Compliance ordered. Interest payable.COSTS: First respondent’s approach to case unnecessarily increased applicant’s costs. First respondent to pay applicant $700 contribution towards costs.
Result Applications granted ; Compliance ordered ; Interest (5%) ; Costs in favour of applicant ($700) ; Disbursements in favour of applicant ($71.56)(filing fee)
Main Category Compliance Order
Statutes ERA s137 - ERA s137(2) - ERA s137(4) - ERA s140(6) - Judicature Act 1908 s87(3) - Labour Relations Act 1987 s207
Cases Cited Health and Body Clinic Ltd v Zhao [2011] NZEmpC 51;Northern Clerical Workers Union v Lawrence Publishers Co of New Zealand Ltd (1990) ERNZ Sel Cas 667 (LC)
Number of Pages 4
PDF File Link: 2016_NZERA_Wellington_84.pdf [pdf 207 KB]