| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 86 |
| Hearing date | 19 May 2011 |
| Determination date | 17 June 2011 |
| Member | P Cheyne |
| Representation | N Eketone-TeKanawa ; M Booth (in person) |
| Location | Dunedin |
| Parties | Harris and Anor v North Dunedin Holdings Ltd and Anor |
| Other Parties | Cousins ; Booth |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement – Matter previously adjourned to allow respondents opportunity to file affidavit evidence to support contention no ability to meet obligations at present – Respondents’ accountant asserted respondents in financially precarious position and technically insolvent with no current income stream – Second respondent offered to pay applicant $250 per month pending improvement in financial circumstances – Applicants claimed no sworn information about respondents financial circumstances – Applicants claimed offer insufficient – Respondents relied on unrelated legal claim to meet obligations but matter delayed because of Christchurch Earthquake – Authority found reliance on unrelated legal claim did not explain earlier breach – Found Christchurch Earthquakes should not affect outcome – Found matters no further forward despite adjournment to allow second respondent opportunity to prove contentions – Found second respondent might be able to meet obligations but chose not to – Found compliance order effective remedy – Compliance ordered – Interest payable |
| Result | Compliance ordered ; Interest (8.4%) ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA s137(1)(a)(iii);ERA s140;ERA s149 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Christchurch_86.pdf [pdf 13 KB] |