| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 18 |
| Hearing date | 5 Feb 2013 |
| Determination date | 11 February 2013 |
| Member | M Ryan |
| Representation | J Murphy ; J Foden |
| Location | Palmerston North |
| Parties | Hunt v Dynamic Meats (2005) Ltd |
| Summary | COMPLIANCE ORDER - PENALTY - Applicant sought compliance with parties' settlement agreement (SA") - Applicant sought penalty for respondent's breach of SA - Payment of compensation - COUNTERCLAIM - COMPLIANCE ORDER - PENALTY - Respondent sought compliance with parties' SA - Respondent sought penalty for applicant's breach of SA - Whether applicant breached "non-disparaging" clause of SA" |
| Abstract | AUTHORITY FOUND -;COMPLIANCE ORDER - PENALTY: Respondent's omission inadvertent. Responsibility on respondent to rectify omission. Respondent could not set off" obligations on basis applicant had not complied with settlement agreement. Respondent breached settlement agreement ("SA"). Compliance ordered. Interest payable. Respondent's actions not so blameworthy and flagrant to warrant punitive action. No penalty.;COUNTERCLAIM - COMPLIANCE ORDER - PENALTY: SA protected respondent's reputation not individual employee's reputation. Application dismissed. No Penalty." |
| Result | Application granted; Compliance ordered; Interest (5%); Applications dismissed (penalty)(counterclaim - compliance order - penalty); Costs reserved; |
| Main Category | Compliance Order |
| Statutes | ERA s137 - ERA s149 - ERA s149(4) - ERA s151(2) - Judicature Act 1908 Second Schedule cl11 |
| Cases Cited | Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Wellington_18.pdf [pdf 230 KB] |