| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 14A/09 |
| Determination date | 03 April 2009 |
| Member | D Asher |
| Representation | T Petherick ; G Tayler |
| Parties | Stevenson v Bentan Twisted Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for stay – Determination WA 14/09 found no unjustified dismissal and disadvantage against applicant – Determination also found breach of Employment Relations Act 2000 warranting penalty payable to Crown and arrears of wages and holiday owed against respondent – Quantum to be decided after Labour Inspector issued opinion - Respondent sought stay relating to firstly, penalty award and secondly, arrears of wages and holiday pay – Respondent claimed if de novo challenge against Authority’s findings successful, finalisation of arrears quantum not required therefore in parties’ interests to await Employment Court decision – Applicant opposed stay claiming quantum decided soon and awaiting Labour Inspector’s opinion did not incur additional costs – Authority granted stay in respect of penalty – Found Crown pursues penalties award slowly therefore refusal to grant stay would not render respondent’s right of appeal nugatory – Found novel question of law raised relating to Authority’s finding – Found Crown not injured by stay and respondent’s challenge bona fide – Authority declined stay in respect of arrears – Found respondent’s right of appeal not rendered nugatory if no stay granted and arrears paid to applicant – Found no novel question of law arises as only findings of facts needed to determine quantum – Found not appropriate to grant stay until parties had enjoyed benefit of Labour Inspector’s input – Application for stay relating to penalty partially granted – Authority noted prolonged litigation between parties would only add to costs and not resolution of employment relations problems |
| Result | Application partially granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s65;ERA s135;ERA s179;ERA s180;Employment Court Regulations 2000 64;Holidays Act 2003 s23 |
| Cases Cited | New Zealand Post Primary Teachers’ Assn v Attorney-General (on behalf of Ministry of Education) (No 3) [1991] 3 ERNZ 708;Yong (t/a Yong and Co Chartered Accountants) v Chin [2008] 1 ERNZ 1 |
| Number of Pages | 6 |
| PDF File Link: | wa 14a_09.pdf [pdf 22 KB] |