| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 109A/03 |
| Determination date | 31 October 2003 |
| Member | H Doyle |
| Location | Christchurch |
| Parties | Brake v M S West Coast Inc |
| Summary | PRACTICE AND PROCEDURE - Application for stay of Authority determination - Reinstatement previously ordered - Alleged if applicant reinstated current employee would be made redundant - Respondent incorporated society - Limited funding from national body - Balancing of interests - Hardship to applicant outweighed by financial factors in favour of respondent - Application for stay granted - Respondent to pay remedies into interest bearing account of Employment Relations Service - Respondent to pursue challenge diligently and expeditiously - If challenge unsuccessful respondent to pay applicant wages lost during period of Authority's previous determination and actual reinstatement |
| Result | Application granted ; Reinstatement order stayed ; No order for costs |
| Statutes | ECA s42;ERA s126 |
| Cases Cited | Hill v NZ Rail Ltd [1994] 1 ERNZ 113 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |