| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 21/07 |
| Determination date | 30 January 2007 |
| Member | K Raureti |
| Representation | N Taylor (in person) ; C Patterson |
| Location | Auckland |
| Parties | Taylor v eCom New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for stay of proceedings - Five determinations issued relating to employment relationship problem - Applicant sought stay of last two determinations, for damages and costs - Applicant had applied to Employment Court for de novo challenge of both determinations - Submitted could pay amounts by way of monthly instalments but preferred to hold payments until matters heard by Court - Respondent submitted applicant provided written undertaking as to damages and therefore waived right to stay - Claimed challenges not filed expeditiously - Authority satisfied challenges being actively progressed without undue delay - Applicant's financial circumstances not those of impercuniosity - When interim reinstatement ordered, Authority placed considerable importance on, and drew attention to, implications of undertaking - Important to maintain confidence of employer community that undertakings serious and enforceable in normal circumstances - Respondent, who had been successful in all proceedings except interim reinstatement, had right to expect fruits of success - Application for stay declined - COSTS - Matter decided without investigation meeting - Respondent sought costs for expense associated with applicant's indulgence - Applicant had certain rights and exercised them through appropriate legal avenues - Submissions very brief - Costs to lie where they fall |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Practice & Procedure |
| Statutes | ERA s180;Employment Relations Authority Regulations 2000 First Schedule Form 2 |
| Cases Cited | eCom New Zealand Ltd v Taylor unreported J Scott, 22 February 2006, AA 47/06;Taylor v eCom New Zealand Ltd unreported, D King, 12 December 2005, AA 474/05;Taylor v eCom New Zealand Ltd unreported, D King, 9 February 2006, AA 29/06;Taylor v eCom New Zealand unreported, D King, 10 October 2006, AA 29A/06;Taylor v eCom New Zealand Ltd unreported, K Raureti, 28 November 2006, AA 29A/06;Weston v Fraser unreported, Shaw J, 13 December 2006, WC 24/06 |
| Number of Pages | 4 |
| PDF File Link: | aa 21_07.pdf [pdf 30 KB] |