| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 83 |
| Determination date | 09 May 2013 |
| Member | D Appleton |
| Representation | J Burley ; P Shaw |
| Parties | RCG Ltd v Bercich |
| Summary | PENALTY – Applicant sought penalty for respondent’s breaches of employment agreement and good faith – Respondent sought to take benefit of applicant’s management agreement with client – Previous Authority determination established breaches – Whether appropriate to impose separate penalties for each breach – Increase in statutory penalty – Whether maximum penalty based on time of breach or determination |
| Abstract | AUTHORITY FOUND –;PENALTY: Deliberate intention to mislead and deceive. Breach of good faith serious and sustained. Intention to undermine employment relationship. Solicitation of co-worker justified imposition of separate penalty. Totality approach appropriate for other breaches. Maximum penalty based on time of breach. $6,000 penalty appropriate. |
| Result | Application granted ; Penalty ($6,000)(payable to Crown) ; Costs reserved |
| Main Category | Penalty |
| Statutes | ERA - ERA s4 – ERA s4(1) – ERA s4(4) – ERA s4A - ERA s4A(a) – ERA s4A(b) - ERA s134 – ERA s134(1) - ERA s135 – ERA s135(2) – ERA s136(1) - Sentencing Act 2002 s6(1) |
| Cases Cited | RCG Limited v Bercich [2013] NZERA Christchurch 36;Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Christchurch_83.pdf [pdf 174 KB] |