| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 369/10 |
| Determination date | 19 August 2010 |
| Member | V Campbell |
| Representation | R Smith ; no appearance, M King |
| Location | Auckland |
| Parties | Zhao v Health and Body Clinic Ltd & Ors |
| Other Parties | M Arnesen, L Arnesen |
| Summary | COMPLIANCE ORDER – PRACTICE AND PROCEDURE - No appearance for first respondent – Applicant sought compliance with earlier determinations against first respondent – Sought second and third respondent, as directors of first respondent, be compelled to cause first respondent to comply with orders sought – First respondent sold however remained on Companies Register at time of investigation meeting – Authority found applicant not received payments in respect of earlier determinations – First respondent ordered to comply with determination – Found second and third respondent not parties to substantive proceedings – Found jurisdiction under s137(4) for Authority to make order for any specified thing for purpose of preventing further non-compliance – Found approach taken by Employment Court and Authority to refuse order sought where respondent in hopeless financial situation to make orders sought – Found financial information of second and third respondent do not show not in position to cause payment – Second and third respondent ordered to take steps to cause payments to be made under compliance order – Order granted |
| Result | Compliance ordered ; Orders made ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s137;ERA s137(2);ERA s137(4) |
| Cases Cited | McLennan v Internet Productions Ltd & Anor [2003] 1 ERNZ 282;Northern Clerical etc Union v Lawrence Publishing Co. Of NZ Ltd & Ors [1990] 1 NZILR 717;Smith v Pacific Palms International Resort & Golf Ltd & Anor unreported, R A Monaghan, 5 Aug 2008, AA 280/08;Zhao v Health and Body Clinic Ltd unreported, V Campbell, 26 Mar 2010, AA 144/10;Zhao v Health and Body Clinic Ltd unreported, V Campbell, 2 Jun 2010, AA 144A/10 |
| Number of Pages | 4 |
| PDF File Link: | aa 369_10.pdf [pdf 20 KB] |