| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 127/06 |
| Determination date | 12 April 2006 |
| Member | D King |
| Representation | DJ Tindall, RA Oakley (Applicants in person) ; McElwee |
| Location | Auckland |
| Parties | Tindall and Anor v NJG Holdings Ltd |
| Other Parties | Oakley |
| Summary | COMPLIANCE ORDER - Applicants sought compliance with mediated settlement - Alleged respondent breached clause that applicants be permitted to enter premises to uplift personal property - Personal property to be uplifted not specified - Essential matter in dispute was nature of personal property - Failure to identify personal property meant obligations to be enforced unclear - No practical benefit in issuing order given applicants stated they would not go onto premises to uplift any personal property - Not appropriate to issue compliance order |
| Result | Application dismissed ; No order for costs |
| Statutes | ERA s137(1)(iii);ERA s149 |
| Cases Cited | Hancock & Co Ltd v Wellington Hotel etc IUOW [1987] NZILR 613;NZ (with exceptions) Electrical etc IUOW v Remtron Lighting Ltd (in receivership) & Gaukrodger & Rea [1990] 1 NZILR 583 |
| Number of Pages | 2 |
| PDF File Link: | aa 127_06.pdf [pdf 7 KB] |