| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 177 |
| Determination date | 09 May 2014 |
| Member | A Fitzgibbon |
| Representation | S Langton ; B Trollope |
| Parties | Woods v United Cleaning Services Ltd |
| Summary | PENALTY - COMPLIANCE ORDER - Authority considered whether to impose penalty on respondent for delaying or obstructing investigation - Authority considered whether to order compliance with Authority direction - Repeated failure to comply with Authority direction - Disclosure of client list to Authority - Whether seeking to protect commercial interests from former employee sufficient cause for refusing to comply with Authority direction |
| Abstract | AUTHORITY FOUND -;PENALTY - COMPLIANCE ORDER: Clear process laid out in Authority direction to accommodate respondent's concerns about disclosure of commercial information. Potential for harm with regard to applicant's right to resolve grievance without obstruction. Respondent obstructed or delayed Authority's investigation without sufficient cause by refusing to comply with Authority direction. Compliance ordered. $8,000 penalty appropriate. |
| Result | Orders made ; Compliance ordered ; Penalty ($4,000)(payable to Crown)($4,000)(payable to applicant) ; No order for costs |
| Main Category | Penalty |
| Statutes | ERA s4(1)(a);ERA s4(1A)(c);ERA s134A;ERA s134A(2);ERA s135(2)(b);ERA s136(2);ERA s160 |
| Cases Cited | Brannigan v Davison [1997] 1 NZLR 140;Manoharan v The Chief Executive of Waiariki Institute of Technology [2011] NZERA Auckland 427 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_177.pdf [pdf 283 KB] |