Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2013] NZERA Auckland 506
Hearing date 8 Nov 2013
Determination date 08 November 2013
Member R Larmer
Representation C Fraser ; No appearance
Location Auckland
Parties Lee v Moing Hair and Beauty Ltd
Summary COMPLIANCE ORDER - PENALTY - Applicant sought compliance with parties settlement agreement - Applicant sought penalty for respondent's failure to comply with parties settlement agreement - No payments made - COSTS - Applicant sought $3,500 indemnity costs
Abstract AUTHORITY FOUND -;COMPLIANCE ORDER - PENALTY: Respondent breached parties settlement agreement by non payment. Compliance ordered. Respondent failed to take any steps to comply and failed to respond to applicant's requests for compliance. Penalty appropriate to express disapproval of respondent's conduct and act as deterrent to those who could be inclined to ignore settlement. $5,000 penalty appropriate.;COSTS - Less than one day investigation meeting. Respondent to pay applicant $1,000 contribution towards costs
Result Applications granted; Compliance ordered; Penalty ($5,000)(payable to applicant); Costs in favour of applicant ($1,000); Disbursements in favour of applicant ($71.56)(filing fee)
Main Category Compliance Order
Statutes ERA s136(2) - ERA s149
Number of Pages 4
PDF File Link: 2013_NZERA_Auckland_506.pdf [pdf 93 KB]