| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 124/04 |
| Determination date | 15 April 2004 |
| Member | J Wilson |
| Representation | R Harrison ; P Drummond |
| Location | Auckland |
| Parties | Nankivell v TBL Developments Ltd t/a DTA Performance Consulting Group NZ |
| Summary | PRACTICE AND PROCEDURE - Application for stay of Authority determination - Determination challenged to Employment Court - Challenge did not operate as automatic stay - Alleged challenge rendered nugatory unless stay granted -Respondent had no means to meet Authority's award - If applicant filed bankruptcy proceedings respondent was unable to pursue challenge - Likely Court hearing would occur in near future - Applicant not injuriously affected by stay - Stay of proceedings granted - Respondent to pay remedies into interest bearing account - COMPLIANCE ORDER - Compliance with Authority determination sought - Failure to pay remedies awarded - Stay of proceedings granted - Compliance order declined |
| Result | Application granted (Stay of proceedings) ; Application dismissed (Compliance order) ; Proceedings stayed ; Costs reserved |
| Statutes | ERA s180 |
| Cases Cited | Mackenzie v Bayleys Real Estate Ltd unreported, Colgan J, 25 March 2004, AC 18/04;NZ Post Primary Teachers Assn v Attorney-General (No3) [1991] 3 ERNZ 708 |
| Number of Pages | 4 |
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