A trust which no longer operates and has no assets and little money has been ordered to pay a former employee more than $14,000 by the Employment Relations Authority.
A determination of the authority released last month ordered the Molyneux Park Charitable Trust to pay former groundsman Richard McAlevey an undisclosed sum, equal to three months' pay, plus $10,000 compensation for hurt and humiliation.
Another determination, released recently, orders the trust to pay him a further almost $4000 towards costs.
When approached by the Otago Daily Times, trust spokesman Mark Tait said the trust "ceased activities" in August 2011, a year before the authority's decision.
He said they had "cleared debts" when they ceased operating and now had "very limited funds".
"I'm not too sure what happens next in meeting those requirements ... [we] definitely don't have that much in the bank."
He said the trust had no assets, either, and it would be up to Mr McAlevey to decide whether or how to proceed.
Mr McAlevey said while he was pleased with the authority's latest determination, he was aware the trust had no money and he was "following legal procedures".
The determination last week noted a response from the trust that Mr McAlevey chose to continue his claim despite the fact the trust was no longer operating and would be unable to pay any compensation.
That response also referred to a settlement offer of $4000 and a withdrawal of the dismissal in favour of a resignation. It was offered twice before the trust wound up but drew no response from Mr McAlevey.
In his determination, authority member Mike Loftus said while he accepted the trust no longer operated, "I am not so sure about an absolute inability to pay".
He cited the fact the trust had legal representation as well as indications throughout the investigation of possible help from the local authority.
The Central Otago District Council owns the park.
Council chief executive Phil Melhopt said the cost could not come back on the council, as it was not involved.
The initial authority decision found the trust had "significant deficiencies" in its process surrounding the dismissal of Mr McAlevey.
He had worked as turf manager at Molyneux Park from August 2005 until November 2009.
During that time park trustees and New Zealand Cricket raised concerns about the condition of the pitch.
In 2007, Mr McAlevey received guidance from New Zealand Cricket turf manager Jared Carter, who later criticised Mr McAlevey, saying he had no confidence the pitch could be prepared to a first-class standard.
A New Zealand Cricket-issued warrant allowing the facility to host first-class cricket was withdrawn for the 2008-09 season.
Mr McAlevey was dismissed in November 2009 but trustees claimed it was not because of the loss of the warrant and that, though it was not in writing, Mr McAlevey was aware of a need to improve his performance.
In evidence to the authority, trust members gave different reasons why Mr McAlevey had been dismissed, though the dismissal letter cited performance.
Mr Loftus found no evidence those other concerns were put to Mr McAlevey at the November meeting, which meant he did not have an opportunity to respond.
"The dismissal must, for this reason alone, be unjustified."
