Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 117/08
Hearing date 27 Mar 2008
Determination date 28 March 2008
Member M Urlich
Representation M Whitehead ; P Elder
Location Auckland
Parties Richmond v Armstrong Alarms Ltd
Summary COMPLIANCE ORDER - Applicant sought compliance with Authority determinations - Respondent acknowledged sums not paid but submitted unable to pay amounts in lump sum - Sought order to make payments by instalments - Respondent had already begun paying in this manner, although missed last payment - Applicant opposed instalment payments - Respondent's financial difficulties not raised during substantive investigation meeting - Authority not satisfied circumstances required payment by instalment - Compliance ordered - Given recent date of second determination appropriate to provide extended period for compliance - Penalty not warranted - Authority did not have jurisdiction to order interest on sums for which compliance order made - COSTS - Applicant sought contribution to total costs of $2,900 - Applicant entitled to contribution to costs
Result Compliance ordered ; Costs in favour of applicant ($1,000) ; Disbursements ($70)(Filing fee)
Main Category Compliance Order
Statutes ERA s123(2);ERA s138(4A)
Cases Cited Richmond v Armstrong Alarms Ltd unreported, M Urlich, 21 November 2007, AA 366/07;Richmond v Armstrong Alarms Ltd unreported, M Urlich, 17 January 2008, AA 13/08;Wolfenden v The NZ Film and Television School Ltd [1999] 2 ERNZ 21
Number of Pages 4
PDF File Link: aa 117_08.pdf [pdf 17 KB]