| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 217 |
| Determination date | 11 October 2012 |
| Member | C Hickey |
| Representation | G Burness ; R Mears |
| Parties | Inns v TNL Group Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement (“SA”) – Authority directed respondent amend certificate of service and send to applicant’s correct address – Authority found no need to order compliance with SA as applicant advised satisfied with certificate sent – Application dismissed – COSTS – Length of investigation meeting not specified – Applicant sought indemnity costs of $300 – Found respondent’s full compliance with SA achieved only with assistance of Authority – Respondent to pay applicant $300 indemnity costs – Truck driver |
| Abstract | Applicant employed by respondent as truck driver. Applicant sought compliance with parties’ settlement agreement (“SA”) and indemnity costs of $300. SA stipulated respondent to provide applicant with certificate of service within seven days stating position held by applicant and period of employment. Six weeks later applicant’s representative e-mailed respondent requesting certificate of service. Respondent replied attaching certificate but claimed had posted certificate earlier within required timeframe. Certificate did not state applicant’s position.;AUTHORITY FOUND –;COMPLIANCE ORDER: Authority noticed applicant’s address on employee personal information from different to applicant’s address on statement of problem and directed applicant notify respondent of correct address. Authority directed respondent amend certificate of service to include applicant’s position and send to applicant’s correct address. No need to order compliance with SA as applicant advised satisfied with certificate sent. Application dismissed.;COSTS: Length of investigation meeting not specified. While respondent not at fault for original certificate of service being sent to wrong address, statement of problem should have put respondent on notice certificate did not include applicant’s position and address not the same as applicant’s address on record with respondent. Respondent’s full compliance with SA only achieved with assistance of Authority. Respondent to pay applicant $300 indemnity costs. |
| Result | Application dismissed; Costs in favour of applicant ($300.15); Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Compliance Order |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Christchurch_217.pdf [pdf 93 KB] |