| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 146 |
| Determination date | 29 November 2012 |
| Member | P R Stapp |
| Representation | V Ross ; E Williams |
| Parties | The Estate of James Thomas Farley v Cactus Security (Taranaki) Ltd |
| Summary | PENALTY – Applicant sought penalty for respondent’s breach of parties’ settlement agreement (“SA”) – Authority found payment required under SA not made on time – Found respondent provided explanation for failure to comply with SA but explanation did not excuse failure to comply – Found payment made once matter filed in Authority and information indicated communication difficulties and confusion – No penalty – Interest payable for period of late payment – JURISDICTION – Applicant sought compensation for emotional stress and inconvenience – Found no jurisdiction to award compensation for emotional stress and inconvenience in bringing claim – COSTS – No investigation meeting – Applicant sought contribution towards costs – Found no legal costs presented – Costs to lie where they fall |
| Abstract | Applicant sought penalty for respondent’s breach of parties’ settlement agreement (“SA”), compensation for emotional stress and inconvenience and contribution towards costs. Applicant brought claim on behalf of individual’s estate. Parties entered SA providing for payment of specified sum in two instalments by specified dates. Applicant claimed provided details to mediator but payment not made by respondent. Applicant claimed told by mediator various attempts made to contact respondent. Respondent made payment after applicant filed statement of problem. Respondent accepted payment made late but claimed not provided with applicant’s banking details and received no response to e-mails from Ministry of Business, Innovation and Employment.;AUTHORITY FOUND –;PENALTY: Not appropriate to deal with matter by way of compliance order as payment made. Payment required under SA not made on time. Respondent provided explanation for failure to comply with SA but explanation did not excuse failure to comply. Payment made once matter filed in Authority. Information indicated communication difficulties and confusion. No penalty. Interest payable for period of late payment.;JURISDICTION: No jurisdiction to award compensation for emotional stress and inconvenience in bringing claim.;COSTS: No investigation meeting. No legal costs presented. Costs to lie where they fall. |
| Result | Applications dismissed ; Interest (5%) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Costs to lie where they fall |
| Main Category | Penalty |
| Statutes | ERA s149;ERA s221;ERA Second Schedule cl11;ERA Second Schedule cl18;Judicature (Prescribed Rate of Interest) Order 2011 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Wellington_146.pdf [pdf 101 KB] |