| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 100/05 |
| Hearing date | 14 Jun 2005 |
| Determination date | 14 June 2005 |
| Member | D Asher |
| Representation | I Hard ; no appearance |
| Location | Wellington |
| Parties | Keatch and Anor v Wellington Demolition Ltd |
| Summary | COMPLIANCE ORDER – No appearance for respondent – Earlier determination found applicants unjustifiably dismissed and had wages and holiday pay owing to them – Remedies awarded - Subsequent determination found against respondent’s application to reopen investigation - On 25 May Authority advised one director (B Gray) had had stroke and would not be attending investigation meeting – Other director (M Gray) also advised would not be attending because of B Gray’s “debilitating stroke” – Medical certificate provided – Noted that on 10 June in separate proceedings before Authority respondent was represented by counsel, but no witnesses attended – Authority member in that case had noted the non-attendance of directors was consistent with non-attendance at mediation and not providing statement of reply until day before investigation – Day before investigation in present case B Gray said applicants were “not going to get” monies awarded in earlier determination – Found sustained pattern of failure to cooperate through history of problem – Counsel in separate investigation held on 10 June said expected B Gray to be present (though he did not attend investigation) – No reasons advanced for M Gray’s failure to participate – Respondent did not advise until day before investigation meeting that counsel committed elsewhere on day of investigation |
| Result | Compliance ordered ; Costs reserved |
| Statutes | ERA s159(1)(b)(i);ERA s173;ERA s173(2);ERA Second Schedule cl12 |
| Number of Pages | 4 |
| PDF File Link: | wa 100_05.pdf [pdf 19 KB] |