| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 568 |
| Hearing date | 11 Dec 2013 |
| Determination date | 11 December 2013 |
| Member | E Robinson |
| Representation | M Harrison ; E Tatupu (in person) |
| Location | Auckland |
| Parties | Dunn v Ese Tatupu Funeral Directors & Mortuary Embalmers Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement - Respondent required to make payments to applicant – Respondent claimed failure to make payments result of breakdown in communication – Respondent commenced payments – PENALTY – Applicant sought penalty for respondent’s failure to comply with parties' settlement agreement – COSTS – Applicant sought contribution towards costs |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER: Respondent failed to comply with settlement. Compliance ordered.;PENALTY: Respondent made some payments and contributed towards applicant’s legal costs in accordance with settlement agreement. No penalty.;COSTS: Less than one day investigation meeting. Not appropriate to allow preparation time per day of investigation meeting. Notional daily tariff appropriate. Respondent to pay applicant $500 contribution towards costs. |
| Result | Application granted (compliance order); Compliance ordered ; Application dismissed (penalty) ; Costs in favour of applicant ($500) ; Disbursements in favour of applicant ($71.56) |
| Main Category | Compliance Order |
| Statutes | ERA - ERA s149 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | 2013_NZERA_Auckland_568.pdf [pdf 97 KB] |