| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 29A/04 |
| Determination date | 14 April 2004 |
| Member | Y S Oldfield |
| Representation | M Crotty ; Mr Y (In person) |
| Location | Auckland |
| Parties | D v NB Ltd and Anor |
| Other Parties | Y |
| Summary | PRACTICE AND PROCEDURE - Application by second respondent to vary terms of compliance order - Successful personal grievance - Monetary remedies awarded - Compliance order required payment in two small installments and final payment of balance - Certain amount paid as required - Second respondent alleged inability to pay balance owed on terms set out due to failure to find work - Requested variation to allow payment by monthly instalments - Not satisfied that applicant genuinely attempted to address alleged financial difficulties - Attempts to find work limited to small group of long-established business associates - Poor job search amounted to insufficient mitigation of loss in personal grievance context - No genuine attempt to obtain employment or pay balance owed - No variation of original compliance order except to allow for time taken in determining current request - Applicant to pay balance of amount owed within 10 days |
| Result | Application dismissed ; No order for costs |
| Statutes | ERA s138(3) |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |