| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 101 |
| Hearing date | 30 Jun 2013 |
| Determination date | 06 June 2013 |
| Member | M B Loftus |
| Representation | S Boyce ; B Smart (in person) |
| Location | Nelson |
| Parties | J C Contracting (NZ) Ltd v Smart |
| Summary | PRACTICE AND PROCEDURE - PENALTY – Applicant sought penalty for respondent’s breach of settlement agreement – Confidentiality clause - Applicant sought variation of settlement agreement |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE - PENALTY: Applicant exclaimed “win” at new workplace and breached confidentiality clause of parties’ settlement agreement. Variation of settlement not available. $750 penalty appropriate. |
| Result | Application partially granted ; Penalty ($750)(payable to Crown) ; Costs reserved |
| Main Category | Penalty |
| Statutes | ERA s136(2) – ERA s149 – ERA s149(3) - ERA s162 - Contractual Remedies Act 1977 |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Christchurch_101.pdf [pdf 143 KB] |