| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 195 |
| Determination date | 17 September 2013 |
| Member | M B Loftus |
| Representation | P Butler ; A Milner |
| Parties | Boshoff v Brosnan Golf (NZ) Pty Ltd |
| Summary | PENALTY - Applicant sought penalty for respondent's breach of parties' settlement agreement - Settlement provided compensation for applicant following redundancy - Applicant claimed respondent failed to pay in time frame - Whether date of settlement date signed by mediator or parties - Failure to pay GST |
| Abstract | AUTHORITY FOUND -;PENALTY: Settlement complete when signed by mediator. Time frame started later than that claimed by applicant. Failure to pay GST excusable oversight. Scope for confusion and delay with payment from overseas. No evidence of willful and deliberate breach. No penalty. |
| Result | Application dismissed; Costs reserved |
| Main Category | Penalty |
| Statutes | ERA s149 - ERA s149(1) - ERA s149(3) - ERA s151 |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Christchurch_195.pdf [pdf 147 KB] |