| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 287/08 |
| Hearing date | 5 Aug 2008 |
| Determination date | 06 August 2008 |
| Member | R A Monaghan |
| Representation | C Podwin ; C Patterson |
| Location | Auckland |
| Parties | Stein v Gerrard's (NZ) Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with Authority determination – Applicant requested full payment from respondent – Respondent offered to make monthly instalment payments – Applicant declined offer and sought payment in full – Authority found issue whether financial position of employer required compliance order for outstanding sum in instalments – Found could only make order if required because of respondent’s financial position – Authority found appropriate test more than employer’s convenience or preference when financial position not strong – Respondent provided message from company accountant stating debt would place strain on finances – Evidence showed respondent had trading deficit for last two years – Found greatest liability would appear to be debt owed to parent – Authority found regardless of present matter, respondent’s financial position depended on willingness of financial support from shareholders – Found although strained by further debt, not enough to reach s138(4A) Employment Relations Act 2000 threshold – Authority not persuaded compliance order to be for part payment by instalments – Compliance ordered – COSTS – Full solicitor and client costs declined – Respondent ordered to pay applicant $300 contribution to costs |
| Result | Compliance ordered ; Costs in favour of applicant ($300) |
| Main Category | Compliance Order |
| Statutes | ERA s137(1);ERA s138(4A) |
| Cases Cited | Stein v Garrards (NZ) Limited unreported, R Monaghan, 17 March 2008, AA 94/08;Stein v Garrards (NZ) Limited unreported, R Monaghan, 10 April 2008, AA 94A/08 |
| Number of Pages | 5 |
| PDF File Link: | aa 287_08.pdf [pdf 20 KB] |