| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 225 |
| Hearing date | 29 Jun 2012 |
| Determination date | 04 July 2012 |
| Member | J Crichton |
| Representation | A Vlatkovich ; J Priest (in person) |
| Location | Auckland |
| Parties | Auckland City Couriers Ltd v Priest |
| Summary | PENALTY - Applicant sought penalty for respondent’s failure to comply with settlement agreement (“SA”) – Authority found respondent had breached parties’ SA – Found in circumstances maintaining confidentiality of SA gave applicant significant advantage and applicant entered into SA with respondent as expected SA would remain confidential – Found respondent’s breach of SA inadvertent but penalty appropriate - $1,000 penalty appropriate |
| Abstract | Applicant sought penalty for respondent’s failure to comply with settlement agreement (“SA”). SA included confidentiality clause. Respondent told another applicant employee had been in mediation with applicant. Applicant claimed respondent disclosing had been mediation breached SA clause. Applicant acknowledged alleged breach inadvertent but claimed did not want other employees aware had been mediation with respondent as in process of restructure.;AUTHORITY FOUND –;PENALTY: Respondent had breached parties’ SA. In circumstances maintaining confidentiality of SA gave applicant significant advantage and applicant entered into SA with respondent as expected SA would be confidential. Respondent’s breach inadvertent but penalty appropriate. $1,000 penalty appropriate. |
| Result | Application granted ; Penalty ($1,000)(payable to applicant) : Costs reserved |
| Main Category | Penalty |
| Statutes | ERA s136(2);ERA s149(4) |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Auckland_225.pdf [pdf 138 KB] |