| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 194 |
| Hearing date | 6 Sep 2012 |
| Determination date | 07 September 2012 |
| Member | D Appleton |
| Representation | P Butler ; R Fletcher |
| Location | Christchurch |
| Parties | Stevenson v R R Fisher & Company Ltd |
| Summary | PENALTY – Applicant sought penalty for respondent’s failure to comply with settlement agreement (“SA”) – Authority found respondent breached SA by making payment late – Found respondent failed to make sufficient effort to ensure complied with obligations under SA – $1,000 penalty appropriate |
| Abstract | Applicant sought penalty for respondent’s failure to comply with settlement agreement (“SA”). SA provided respondent to pay applicant $2,800 compensation by direct credit and by specified date. SA provided respondent to pay applicant $2,200 costs on receipt of invoice. Respondent attempted to pay compensation by cheque but applicant declined to accept as not made by direct credit in accordance with SA. Payment of compensation eventually made three weeks after specified date. Respondent made payment of costs one month after invoice received.;AUTHORITY FOUND –;PENALTY: Respondent breached SA by paying compensation and costs late and arguably attempted to breach SA further by attempting to pay compensation by cheque. Respondent failed to make sufficient effort to ensure complied with obligations under SA. Respondent reminded of obligation to pay compensation but did not make payment for another week. No explanation for late payment of legal costs. $1,000 penalty appropriate. |
| Result | Application granted; Penalty ($1,000)(payable to applicant); Costs reserved |
| Main Category | Penalty |
| Statutes | ERA s3(a)(v);ERA s135(2);ERA s135(4);ERA s149;ERA s149(4) |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Christchurch_194.pdf [pdf 153 KB] |