| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 156A/10 |
| Determination date | 18 November 2010 |
| Member | M B Loftus |
| Location | Christchurch |
| Parties | Fuster v Brownie |
| Summary | PRACTICE AND PROCEDURE - Authority previously determined applicant employed by respondent and owed arrears of wages - Respondent attempted to appeal decision to Employment Court (“EC”) - Respondent did not file correct application and what documentation provided filed outside 28 day period specified for filing a challenge - EC advised respondent of this - Respondent claimed adjudicated bankrupt and debt to applicant provable in bankruptcy - EC investigated matter and determined respondent bankrupt - EC found applicant’s claim blocked by Insolvency Act 2006 - Found applicant not entitled to have commenced proceedings in Authority and Authority did not have jurisdiction to order payment - EC suggested Authority reopen investigation and set aside orders made - Authority found law required orders be put aside and no longer have effect - Authority did not resile from conclusion that arrears of wages owed - Found respondent never raised issue of bankruptcy during Authority investigation - Applicant may wish to take necessary steps to prove debt in respondent’s bankruptcy |
| Result | Orders made ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s179(2);Insolvency Act 2006 s76(1) |
| Cases Cited | Brownie v Fuster [2010] NZEMPC 127 |
| Number of Pages | 3 |
| PDF File Link: | ca 156a_10.pdf [pdf 12 KB] |