| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 21A/06 |
| Determination date | 23 May 2006 |
| Member | R Arthur |
| Representation | L Muir (in person) ; M Dew |
| Location | Auckland |
| Parties | Muir v Savour & Devour Ltd |
| Summary | PRACTICE AND PROCEDURE - COMPLIANCE ORDER - Application to reopen investigation and join another party - Authority had previously found respondent unjustifiably dismissed applicant and awarded remedies - Later awarded costs in favour of applicant - Applicant sought to have orders amended to require another company to pay monies since respondent had not paid amounts owing - Clear that applicant was aware of state of affairs before dismissal and throughout personal grievance case - No fresh evidence or matters previously concealed from applicant which might have justified reopening investigation and joining third party - Application to reopen investigation declined - However, Authority not bound to treat application to it simply as being of type described by parties - Real problem here was that respondent had not paid amounts owing - Decisions on steps to enforce Authority's determinations through District Court under s141 Employment Relations Act 2000 could not be based solely on subjective statements of position on behalf of liable party - Applicant entitled to have steps taken by District Court to enforce determinations through its procedures - Also entitled for those measures to identify whether there were assets and income able to meet terms of orders made in Authority's determination - Appropriate to order compliance by set time - COSTS - Respondent indicated would seek costs - Commented that costs were discretionary and equitable principles including that of clean hands" applied - Here, unsuccessful re-opening application only made because respondent had not paid awards" |
| Result | Orders accordingly ; Costs reserved |
| Statutes | ERA s137;ERA s138;ERA s138(6);ERA s140(6);ERA s141 |
| Number of Pages | 4 |
| PDF File Link: | aa 21a_06.pdf [pdf 23 KB] |