Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2012] NZERA Auckland 106
Determination date 26 March 2012
Member K J Anderson
Representation R Drake ; No appearance
Location Auckland
Parties Traffic Management NZ Ltd v Iosefa
Summary COMPLIANCE ORDER – Applicant sought compliance with settlement agreement (“SA”) – No appearance for respondent – Authority found respondent refused to engage in any way with respondent or Authority’s processes – Found respondent failed to comply with SA – Compliance ordered – PENALTY – Applicant sought penalty for respondent’s breach of SA – Found penalty appropriate given respondent’s blatant breach of SA and general filature to account for actions – $200 penalty appropriate – COSTS – Applicant sought contribution to $2,963 total costs associated with pursuing payment from respondent – Length of investigation meeting not specified – Found inappropriate to give regard to mediation costs incurred – Respondent to pay $400 contribution to applicant’s costs
Result Applications granted ; Compliance ordered ; Penalty ($200)(payable to Crown) ; Costs in favour of applicant ($400)
Main Category Compliance Order
Statutes ERA s133;ERA s137;ERA s149;ERA s149(4);ERA s151;Employment Relations Authority Regulations 2000 r8
Number of Pages 4
PDF File Link: 2012_NZERA_Auckland_106.pdf [pdf 19 KB]