| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 447 |
| Hearing date | 10 Dec 2012 |
| Determination date | 10 December 2012 |
| Member | R Larmer |
| Representation | D Gelb ; T Kullin |
| Location | Auckland |
| Parties | Atkinson v Coverall Cleaning Concepts New Zealand Ltd |
| Summary | COMPLIANCE ORDER – PENALTY – Applicant claimed respondent breached clause of parties’ settlement agreement (“SA”) stating applicant would be paid compensation within specified timeframe and sought penalty for breach of SA - Authority found respondent did not justify failure to comply with SA as aware of obligations when signed SA and had already requested longer timeframe – Found respondent breached SA - Penalty to signify disapproval of respondent’s actions appropriate - $2,000 penalty appropriate – COSTS – Length of investigation meeting not specified - Found applicant successful party therefore entitled to contribution towards costs - Respondent to pay applicant $750 contribution towards costs |
| Abstract | Applicant claimed respondent breached clause of parties’ settlement agreement (“SA”) stating applicant would be paid compensation within specified timeframe and sought penalty for breach of SA. Applicant repeatedly requested respondent comply with SA. Applicant claimed respondent’s failure to comply meant applicant unable to honour financial commitments and caused embarrassment and financial difficulties. Respondent claimed compliance justifiably delayed as applicant did not provide bank account details, state who payment should be made to and payment delayed as required overseas transfer. Length of investigation meeting not specified. Applicant sought contribution towards costs.;AUTHORITY FOUND –;COMPLIANCE ORDER - PENALTY: Respondent did not justify failure to comply with SA as aware of obligations when signed SA and had already requested longer timeframe. Respondent breached SA. Respondent already had applicant’s bank account details and applicant made clear payment should be made to applicant personally. Respondent had sufficient time to ensure payment made within timeframe. Applicant put to considerable inconvenience by respondent’s failure to comply and respondent put on notice of importance of applicant complying with SA within specified timeframe. Penalty to signify disapproval of respondent’s actions appropriate. $2,000 penalty appropriate.;COSTS: Applicant successful party therefore entitled to contribution towards costs. Respondent to pay applicant $750 contribution towards costs. |
| Result | Applications granted; Compliance ordered; Penalty ($1,000)(payable to applicant) ($1,000)(payable to Crown) ; Costs in favour of applicant ($750) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Compliance Order |
| Statutes | ERA s149;ERA s149(4) |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_447.pdf [pdf 172 KB] |