| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 388/10 |
| Determination date | 26 August 2010 |
| Member | V Campbell |
| Location | Auckland |
| Parties | Telecom New Zealand Ltd v Evans-McLeod |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with Authority determination - Applicant awarded costs of $1,500 plus disbursements of $401 - Respondent not paid full costs award, rather paying by incremental amounts of up to $10 a week - Respondent claimed complying with determination, albeit slowly - Respondent currently unemployed and receiving benefit from WINZ - Applicant sought orders respondent materially increase weekly instalments and be required to notify applicant if resumed employment, until such time costs award paid in full - Authority found lacked jurisdiction to make order sought - Authority took into account fact continuing non compliance placed respondent at risk of serious consequences as Authority’s orders may be subject to further compliance application in Employment Court which could impose penalties including imprisonment, fines and sequestration of property - Found applicant not adverse to respondent paying by instalments - Parties ordered to attend mediation within next 28 days to resolve matter of quantum and timing of incremental payments - Leave reserved to return to Authority in event mediation unsuccessful - COSTS - Matter determined on the papers - Costs to lie where they fall |
| Result | Orders made ; Costs to lie where they fall |
| Main Category | Compliance Order |
| Statutes | ERA s138(4A) |
| Cases Cited | Evans-McLeod v Telecom New Zealand Ltd & Ors unreported, V Campbell, 1 Jun 2010, AA 187A/10 |
| Number of Pages | 3 |
| PDF File Link: | aa 388_10.pdf [pdf 15 KB] |