| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 360/10 |
| Hearing date | 16 Aug 2010 |
| Determination date | 16 August 2010 |
| Member | R Arthur |
| Representation | L Darroch ; R Sharma, A Kochhar |
| Location | Auckland |
| Parties | Lewis v Gateway Motel Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with Authority determinations – Applicant sought interest on amounts unpaid – Compliance ordered – Interest payable – PRACTICE AND PROCEDURE – Application to reopen investigation – Respondent claimed no personal grievance because applicant made redundant on sale of motel and not employed by respondent – Authority took respondent’s reply as application for reopening of investigation – Found being poorly represented not grounds for re-opening - Found respondent could have made arrangements to file challenge in Employment Court despite being overseas – Found no risk finding without foundation or miscarriage of justice – Found respondent had opportunity to bring additional evidence to support claim at previous investigation – Application to reopen investigation declined – COSTS – Successful compliance order – Less than half day investigation meeting - $1,000 costs appropriate |
| Result | Compliance ordered ; Interest (5.24%) ; Application dismissed (application to reopen investigation) ; Costs in favour of applicant ($1,000) |
| Main Category | Compliance Order |
| Statutes | ERA s137;ERA s138;ERA Second Schedule cl4;ERA Second Schedule cl11;ERA Part 6A |
| Cases Cited | Olsen v Carter Holt Harvey Limited [2008] ERNZ 557;Ports of Auckland v NZ Waterfront Workers Union [1995] 2 ERNZ 85 |
| Number of Pages | 6 |
| PDF File Link: | aa 360_10.pdf [pdf 24 KB] |