| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 280/08 |
| Hearing date | 14 Jul 2008 |
| Determination date | 05 August 2008 |
| Member | R A Monaghan |
| Representation | D Jacobson ; S Hood |
| Location | Hamilton |
| Parties | Smith v Pacific Palms International Resort & Golf Club Ltd & Anor |
| Other Parties | Cribb |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with Authority determination – Respondent argued compliance should not be ordered as earlier determination challenged – Respondent also argued inappropriate to use compliance application process for debt collection – Authority found no application for stay of earlier determination filed in Employment Court – Authority found mere filing of challenge did not operate as stay – Respondent argued no Authority order for which compliance could be sought – Authority found orders contained in earlier determination enforceable under compliance order procedure in Employment Relations Act 2000 – Authority found respondent had not complied with orders for payment – Authority found premature to give weight to existence of sanctions in determining application – Authority rejected respondent’s argument that compliance orders be made sparingly in light of sanctions – Authority rejected respondent’s argument inappropriate to use compliance application for debt collection – Authority noted mere failure to comply with Authority order did not mean compliance order would follow – Authority found substantial sum of money involved a relevant consideration when assessing justice between parties – Respondent argued no funds available to pay applicant - Authority rejected argument respondent’s financial position mandatory statutory consideration in overall discretion to grant compliance order – Authority found given respondent’s uncertain financial position addition of interest unlikely to counter effects of delay – Compliance ordered – PRACTICE AND PROCEDURE – Applicant sought order second respondent take steps to ensure payment be made by first respondent – Found no suggestion second respondent not in position to take necessary steps to ensure first respondent make payment – Authority ordered second respondent to take necessary steps to ensure payment made by first respondent |
| Result | Compliance ordered ; Orders made ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s179;ERA s137;ERA s137(4);ERA s138(6);ERA s138(4A);ERA s139;ERA s140;ERA s140(6);Employment Contracts Act 1991;Employment Contracts Act 1991 s55(2);Labour Relations Act 1987 s207(2) |
| Cases Cited | Smith v Pacific Palms International Resort & Golf Club Ltd unreported, L Robinson, 16 April 2008, AA 141/08;Wellington District Hotel, etc, IUOW v Wellington Hospital Board [1989] 1 NZILR 308;NZ Distribution etc Union v Mildon [1989] 3 NZILR 20;Grant v Superstrike Bowling Centres Ltd [1992] 1 ERNZ 727;Northern Clerical etc Workers Union v Lawrence Publishing Co of New Zealand Ltd [1990] 1 NZILR 717;McLennan v Internet Productions Ltd & Anor [2003] 1 ERNZ 282 |
| Number of Pages | 10 |
| PDF File Link: | aa 280_08.pdf [pdf 35 KB] |