| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 343 |
| Hearing date | 20 Sep 2012 |
| Determination date | 02 October 2012 |
| Member | E Robinson |
| Representation | M Kan ; M Moncur |
| Location | Auckland |
| Parties | Wonderland Tour Group Ltd v Shuo Diao |
| Summary | COMPLIANCE ORDER – PENALTY - Applicant sought compliance with parties’ settlement agreement (“SA”) and sought penalty – Respondent counter claimed applicant had failed to comply with SA and sought penalty – Authority found both parties had breached SA - Found applicant’s breach of SA was wrong however applicant’s actions in response to respondent’s initial breach - $300 penalty payable by respondent appropriate - $200 penalty payable by applicant appropriate |
| Abstract | Applicant sought compliance with parties’ settlement agreement (“SA”). Applicant claimed respondent had failed to comply with SA clauses that mediation to remain confidential and applicant could post only agreed statements on particular websites. Respondent counter claimed applicant director (“W”) had breached SA and had posted allegation about respondent on particular website including reference to incident which had led to parties’ SA. Parties claimed unaware actions had breached SA.;AUTHORITY FOUND –;COMPLIANCE ORDER - PENALTY: Allegations posted by W in W’s capacity as respondent director therefore on behalf of respondent. Both parties had breached parties’ SA. Both parties had suffered harm as result of SA breaches. Authority noted important public had confidence in enforceability of SAs. Noted although applicant’s breach of SA was wrong applicant’s actions in response to respondent’s initial breach. $300 penalty payable by respondent appropriate. $200 penalty payable by applicant appropriate. |
| Result | Application partially granted ; Penalty ($300)(payable by respondent to Crown) ; Penalty ($200)(payable by applicant to Crown ; Costs reserved |
| Main Category | Penalty |
| Statutes | ERA s134(2);ERA s135;ERA s149;ERA s149(3);ERA s149(4) |
| Cases Cited | Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Auckland_343.pdf [pdf 163 KB] |