| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 91 |
| Hearing date | 7 May 2013 |
| Determination date | 22 May 2013 |
| Member | H Doyle |
| Representation | R Brazil ; R Fitzpatrick (in person) |
| Location | Dunedin |
| Parties | Work Opportunities Trust v Fitzpatrick |
| Summary | PENALTY – Applicant sought penalty for respondent’s breach of settlement agreement (SA") - Whether respondent undermined applicant's clients, staff or general business - Respondent accused of making negative comments about applicant in front of applicant's employees – Respondent accused of making derogatory comments about applicant's manager – Respondent referred to gagging order - Respondent claimed comments jocular – Whether respondent egged on – Applicant's employee considered resigning from applicant as result of comments - BREACH OF CONTRACT - Applicant sought damages for respondent's breach of SA - Whether penalty clause in SA enforceable – COMPLIANCE ORDER – Applicant sought compliance with SA - COSTS – Applicant sought $2,793 indemnity costs" |
| Abstract | AUTHORITY FOUND -;PENALTY: Respondent's comments did not come across as jocular. Respondent’s views taken seriously. At least one third-party heard conversation. Respondent did not answer questions in a careful guarded manner. Respondent deliberately breached SA. $1,500 penalty appropriate.;BREACH OF CONTRACT: Penalty clause in SA not enforceable. No damages.;COMPLIANCE ORDER: Compliance ordered.;COSTS: Less than one day investigation meeting. Notional daily tariff appropriate. Respondent to pay applicant $1,750 contribution towards costs. |
| Result | Applications granted (penalty)(compliance order) ; Penalty ($1,500)(payable to applicant) ; Compliance ordered ; Application dismissed (breach of contract) ; Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Penalty |
| Statutes | ERA s136(2);ERA s149(1);ERA s149(3);ERA s149(4) |
| Cases Cited | Ozturk v Gultekin, (t/a Halikarnas Restaurant) [2004] 1 ERNZ 572 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Christchurch_91.pdf [pdf 174 KB] |