| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 108 |
| Hearing date | 24 Mar 2014 |
| Determination date | 24 March 2014 |
| Member | R Arthur |
| Representation | M Moncur ; P Patel |
| Parties | Momi v Indique NZ Ltd |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with parties' settlement agreement (SA") - Unpaid instalments under SA - $3,500 still owed to applicant - Whether Authority should order payment by instalments - PENALTY - Applicant sought penalty for respondent's breach of SA - COSTS - Applicant sought contribution towards costs" |
| Abstract | AUTHORITY FOUND -;COMPLIANCE ORDER: Insufficient evidence respondent's financial position required order for payment of outstanding amount by instalments. SA included scheme of instalments and respondent already had chance to spread burden of making payments. Compliance ordered. Respondent to make payment of full amount.;PENALTY: Failure to make payments to applicant deliberate and calculated choice by respondent to manage funds in manner most convenient for respondent rather than technical and inadvertent breach of SA. $500 penalty appropriate.;COSTS: Length of investigation meeting not specified. Respondent to pay applicant $500 contribution towards costs. |
| Result | Applications granted ; Compliance ordered ; Penalty ($500)(payable to applicant) ; Costs in favour of applicant ($500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Compliance Order |
| Statutes | ERA s135;ERA s136;ERA s137;ERA s138(4A);ERA s149;ERA s149(3);ERA s149(4);ERA s150A |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_108.pdf [pdf 210 KB] |