| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 132/07 |
| Hearing date | 30 Apr 2007 |
| Determination date | 30 April 2007 |
| Member | L Robinson |
| Representation | R McRae (in person) ; J Haigh QC |
| Location | Auckland |
| Parties | McRae v The $2 Shop Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant sought compliance with record of settlement – Respondent failed to file statement in reply - Granted leave to defend application – Respondent submitted application should be refused as applicant acted in dishonest and fraudulent manner – Applicant advised by Authority not required to address allegations as had right to silence and privilege against self incrimination – Respondent submitted warning problematic as wished to raise allegations of criminal conduct as relevant to enforceability of record of settlement - Claimed Authority's equity and good conscience jurisdiction relevant to exercise of discretion to grant compliance orders – Authority declined to pursue enquiries relating to alleged criminal matters – Parties given time to make submissions as to relevance, having regard to prohibitive terms of s149(3) Employment Relations Act 2000 |
| Result | Orders accordingly ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA 149(3) |
| Number of Pages | 3 |
| PDF File Link: | aa 132_07.pdf [pdf 16 KB] |