Employer fails to get stay of judgment…

An employer was ordered to pay $21,000 compensation to a former employee by the Employment Relations Authority, after a personal grievance claim for unjustified dismissal, plus costs of $10,000.

The company failed to pay, so the employee obtained an enforcement order from the District Court and the bailiff seized $21,000.

The employer sought a stay on the judgment to prevent the Court paying the $21,000 to the employee pending an appeal to the Employment Court.

The Employment Court refused the stay because:

1. The employer had not shown that the employee would be unable to repay the money if the appeal succeeded;
2. There were doubts that the employer’s appeal was in good faith; and
3. The employee would be injuriously affected by the stay by being kept out of her money for a long period pending the appeal.

The Court can therefore pay the seized funds to the employee.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

Alan Knowsley

Employment Lawyer
Wellington