| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 37 |
| Determination date | 27 February 2014 |
| Member | D Appleton |
| Representation | H Mellish ; A McLaughlin (in person) |
| Parties | Home Improvements (2003) Co Ltd v McLaughlin |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement (“SA”) – Compliance order made by Authority previously regarding instalments overdue at time of previous Authority investigation meeting – Remaining instalments now overdue |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER: Respondent failed to pay outstanding instalments to applicant. Authority had power to order compliance against employee by requiring employee to pay outstanding amounts by instalment. Payment by instalment not appropriate given absence of detailed evidence of respondent’s financial situation or explanation from respondent as to why SA breached. Compliance ordered. |
| Result | Application granted ; Compliance ordered ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA s137;ERA s137(2);ERA s138(4);ERA s138(4)(a);ERA s138(4A);ERA s149(3);LRA s207(5) |
| Cases Cited | Canterbury Hotel, Hospital, Restaurant, Club and Related Trades Industrial Union of Workers v Gosling t/a The Homestead Rest Home unreported, Palmer J, 11 December 1989, CLC91/89;Home Improvements (2003) Co Ltd v McLaughlin [2013] NZERA Christchurch 216 |
| Number of Pages | 3 |
| PDF File Link: | 2014_NZERA_Christchurch_37.pdf [pdf 90 KB] |