| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 28 |
| Hearing date | 27-Apr-17 |
| Determination date | 27 April 2017 |
| Member | M Loftus |
| Representation | J Ongley ; no appearance (1st Resp), G Ballara, P McBride, A Papageorgiou (2nd Resp) |
| Location | Wellington |
| Parties | Labour Inspector v Ankurs Nice & Spice Ltd and Anor |
| Other Parties | Vyas |
| Summary | PRACTICE AND PROCEDURE - Determination of preliminary issue - Whether Authority should adjourn investigation meeting |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE - Appropriate to allow second respondent to defend claim despite failure to respond to statement of problem. No evidence second respondent saw statement of problem prior to it being sent to barrister the day before investigation meeting. Respondent faced potential liability of $120,000. Fair to allow respondent to address matters properly. Applicant conceded. Application for adjournment granted. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | Companies Act 1993 s248(1)(c) ; ERA s142W(1)(c) ; ERA s142X ; EAR r8(3) ; Holidays Act 2003 s28 ; Holidays Act 2003 s81 ; Minimum Wage Act 1983 s6 |
| Number of Pages | 4 |
| PDF File Link: | 2017_NZERA_Wellington_28.pdf [pdf 100 KB] |