| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 388A/10 |
| Determination date | 22 October 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 - Applicant had previously sought compliance - Authority had ordered parties to attend mediation to resolve matter of quantum and timing of incremental payments - Leave reserved to return to Authority in event mediation unsuccessful - Respondent claimed Authority had no jurisdiction in matter as had entered into contract with applicant which had been accepted through performance, to pay by incremental payments - Authority found applicant had continually sought payment of costs amount in full - 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 - Compliance ordered - COSTS - Matter determined on the papers - Costs to lie where they fall |
| Result | Compliance ordered ; Costs to lie where they fall |
| Main Category | Compliance Order |
| Cases Cited | Evans-McLeod v Telecom New Zealand Ltd & Ors unreported, V Campbell, 1 Jun 2010, AA 187A/10;Telecom New Zealand Ltd v Evans-McLeod unreported, V Campbell, 26 Aug 2010, AA 388/10 |
| Number of Pages | 2 |
| PDF File Link: | aa 388a_10.pdf [pdf 14 KB] |