| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 190 |
| Hearing date | 6 May 2011 |
| Determination date | 09 May 2011 |
| Member | A Dumbleton |
| Representation | A Bhatia ; D K Sidana (in person) |
| Location | Auckland |
| Parties | Anil Securities Ltd v Sidana |
| Summary | PRACTICE AND PROCEDURE – Application to re-open investigation – Previous determination required applicant pay respondent arrears of wages and disbursements – Authority later ordered applicant comply with previous determination and pay further disbursements – Applicant failed to appear at first investigation meeting but Authority satisfied that respondent’s evidence and notice of investigation meeting had been served on applicant – Respondent served documents on applicant through courier – Authority noted courier’s documents appeared to show documents were served but only assumption address was same as applicant’s registered office – Applicant claimed never saw documents – Authority noted after applicant moved failed to change registered office or collect mail going to old address – Authority found in circumstances just to grant rehearing application – Applicant to pay deposit to Authority to be kept in trust pending final determination – Applicant to pay respondent disbursements for compliance order application – Stay of orders granted for earlier determinations provided all re-opening conditions satisfied – Application to re-open investigation granted |
| Result | Application granted ; Disbursements in favour of respondent ($71.56)(filing fee) ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s131;ERA s137;ERA Second Schedule cl4 |
| Cases Cited | Sidana v Anil Securities Ltd unreported, A Dumbleton, 2 August 2010, AA 344/10;Sidana v Anil Securities Ltd [2011] NZERA Auckland 91 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_190.pdf [pdf 14 KB] |