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, following a personal grievance claim for an 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.