| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 56 |
| Determination date | 03 April 2012 |
| Member | D Appleton |
| Representation | S Guest ; L Brook |
| Location | Christchurch |
| Parties | Rapson v Ashburton Hospitality Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement (“SA”) – Matter determined on papers - SA provided respondent would pay applicant compensation and contribution towards applicant’s costs after respondent received invoice – Applicant claimed respondent had not paid contribution towards costs and had sent respondent invoice – Respondent failed to file statement in reply – Respondent told applicant invoice would be paid following month – Applicant claimed if respondent did not pay invoice by end of month would breach SA – Applicant repeatedly attempted unsuccessfully to contact respondent about payment – Authority found respondent had not explained non-compliance with SA – Compliance ordered – Interest payable – PENALTY – Applicant sought penalty for respondent’s non-compliance with SA – Applicant claimed settled for amount at mediation less than what may have been awarded by Authority as wanted matter resolved – Applicant claimed made travel arrangements in expectation respondent would comply with SA – Found respondent’s non-compliance caused applicant reasonable level of harm – Found breach of SA flagrant and deliberate - $5,000 penalty appropriate |
| Result | Applications granted ; Compliance ordered ; Interest (5%) ; Penalty ($5,000)($3,000 payable to applicant)($2,000 payable to Crown) ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s137;ERA s137(1)(a)(iii);ERA s149;ERA s149(3);ERA s149(4);ERA Second Schedule cl11;Judicature Act 1908 s87(3) |
| Cases Cited | Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Christchurch_56.pdf [pdf 29 KB] |