| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 42 |
| Hearing date | 11 Apr 2012 |
| Determination date | 12 April 2012 |
| Member | P R Stapp |
| Representation | N FLint ; M Langham, no appearance |
| Location | Wellington |
| Parties | Hanks v Chocolate Therapy Ltd & Anor |
| Other Parties | The SImpsons 2010 Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement (“SA”) – No appearance for second respondent (“S”) - First respondent (“C”) claimed not party to dispute as purchased business from S month after S agreed to SA – Authority found no good cause for S’s failure to attend investigation meeting – Found applicant reasonably expected would be paid full settlement amount when S purchased by C - Found six months since last SA payment due – Found S owed applicant $700 in accordance with SA – Found C party to SA but absolved from compliance – Compliance ordered - PENALTY – Applicant sought penalty for respondent’s failure to comply – Found S had wilfully breached SA - $2,000 penalty appropriate |
| Result | Applications granted ; Compliance ordered ; Penalty ($2,000)(payable to Crown) ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s133;ERA s135;ERA s137;ERA s137(2);ERA s137(3);ERA s138(4A);ERA s149;ERA s149(4) |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Wellington_42.pdf [pdf 23 KB] |