| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 257B/09 |
| Hearing date | 26 May 2009 - 20 Oct 2009 (8 days) |
| Determination date | 04 November 2009 |
| Member | Y S Oldfield |
| Representation | T Drake, L Holly ; D Erickson |
| Location | Auckland |
| Parties | Zion Wildlife Gardens Ltd v Busch |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with employment agreement (“EA”) - Applicant claimed respondent owed duty not to convert, steal or interfere with respondent’s right to possession of property in respondent’s possession during period of employment and had duty to return property when employment terminated - Applicant claimed respondent breached duty by unlawfully converting, stealing or locking away respondent’s property so as to deprive respondent of possession - Property items set out in Schedule to Statement of Problem - Applicant sought return of all property within 24 hours - Applicant did not claim owned property listed in Schedule; rather claimed bailment existed with applicant as bailee and bailor being specified individuals and companies – Respondent acknowledged bailment could exist - However, claimed number of items in Schedule respondent’s personal property - Authority found compliance could only be ordered where property owned by bailor, bailment valid, respondent actually breached EA by retaining item and applicant had item in possession or control - Authority found where shown item owned by company and used in operation of wildlife park was bailment on item to applicant - Found where item not used by applicant in operation of wildlife park, bailment not accepted - Authority found items listed on one company’s depreciation list belonged to company - Authority found claim for compliance failed where no direct evidence respondent had item in possession or control - Found claim for compliance failed where insufficient evidence to determine who owned item - Found where evidence item respondent’s personal property claim for compliance failed - Authority granted compliance order in respect of some items in Schedule and not others - Items subject to compliance order listed as Schedule B to Authority determination - Authority ordered respondent to comply with obligations under EA by returning items listed in Schedule B to specified employee at specified place within three days of date of determination or respondent’s return to New Zealand if out of New Zealand at date at determination - Respondent ordered not to damage, destroy or remove items listed in Schedule B at any time either before or after they return to specified employee’s custody - Compliance order to continue in force until further order of Authority |
| Result | Compliance ordered ; Orders made ; Application dismissed (Compliance order on certain items) ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s137 |
| Number of Pages | 25 |
| PDF File Link: | aa 257b_09.pdf [pdf 83 KB] |