| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 105 |
| Hearing date | 22 Mar 2012 |
| Determination date | 23 March 2012 |
| Member | E Robinson |
| Representation | D Gelb ; No appearance |
| Parties | Harrington v NZ Imports and Exports and Anor |
| Other Parties | Be Good |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with settlement agreement (“SA”) by first respondent – No appearance for respondents – Authority satisfied first respondent failed to comply with SA – Compliance ordered – Interest payable – PENALTY – Applicant sought penalties against respondents – Found applicant harmed to significant degree from health and financial perspective – Found breach by first respondent flagrant and deliberate – Found in public interest to impose penalty – $7,000 penalty appropriate for first respondent’s breach – Found second respondent aided, abetted or incited breach of SA by first respondent – $2,000 penalty appropriate for second respondent’s breach – COSTS – Applicant sought contribution to costs – Less than half day investigation meeting – First respondent to pay $850 contribution to applicant’s costs |
| Result | Applications granted (compliance order)(penalty) ; Compliance ordered ; Interest (5%) ; Penalty ($7,000)($3,000 payable to applicant)($4,000 payable to Crown)(first respondent) ; Penalty ($2,000)($1,000 payable to applicant)($1,000 payable to Crown)(second respondent) ; Costs in favour of applicant ($875) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Penalty |
| Statutes | ERA s134(2);ERA s135;ERA s137;ERA s137(1)(a)(iii);ERA s140;ERA s149;ERA s149(4);ERA Second Schedule cl11;ERA Second Schedule cl15;Judicature Act 1908 |
| Cases Cited | Peacock v New Zealand Performance and Entertainment Workers' Union [1990] 2 NZILR 257;Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 7 |
| PDF File Link: | 2012_NZERA_Auckland_105.pdf [pdf 35 KB] |