| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 93/09 |
| Hearing date | 4 Jun 2009 |
| Determination date | 03 July 2009 |
| Member | P Montgomery |
| Representation | G Fraser (in person) ; no appearance |
| Location | Christchurch |
| Parties | Fraser v Heritage Expeditions Ltd |
| Summary | PRACTICE AND PROCEDURE – Investigation reopened – Identity of employer – No appearance for respondent - Previous Authority determination granted applicant’s personal grievance against Heritage Travel Group Limited (“HTGL”) – Original statement of problem cited director (“D”) of respondent as employer – In statement in reply, D stated correct employer HTGL – When applicant sought to enforce Authority’s orders in District Court, D advised Court Collections Officer HTGL would up – At that date HTGL still registered but instigated actions to remove company from register – Authority found D lied – Authority found applicant’s employment agreement (“EA”) cited respondent – Found name HTGL used following restructuring, with no explanation and no new EA – Found respondent correct employer, not HTGL – Found respondent liable for sums ordered against HTGL in previous determination – COSTS – Found applicant incurred legal costs in pursuing claim in face of former employer’s cynical disregard for applicant’s rights and attempts to evade responsibilities – Applicant’s actual costs $2,042 plus $55 for distress warrant filing fee – Found full costs and disbursements appropriate |
| Result | Application granted ; Orders made ; Costs in favour of applicant ($2,042.50) ; Disbursements in favour of applicant ($55)(distress warrant) |
| Main Category | Practice & Procedure |
| Number of Pages | 3 |
| PDF File Link: | ca 93_09.pdf [pdf 25 KB] |