| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 63 |
| Hearing date | 21 May 2014 |
| Determination date | 12 June 2014 |
| Member | M Ryan |
| Representation | G Ogilvie ; No apperance |
| Parties | Higgs v LITC Ltd |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with parties' settlement agreement (SA") - SA provided respondent to pay applicant $1,000 compensation, outstanding wages and holiday pay and $1,000 contribution towards costs - PENALTY - Applicant sought penalty for respondent's breach of SA - COSTS - Applicant sought contribution towards costs - No appearance for respondent" |
| Abstract | AUTHORITY FOUND -;COMPLIANCE ORDER: Respondent failed to comply with SA. Compliance ordered.;PENALTY: Applicant disadvantaged by respondent's failure to comply with SA. Respondent's statement unable to meet financial obligation to applicant not supported by additional corroborating information. Respondent's failure to comply with SA serious and flagrant. $1,000 penalty appropriate.;COSTS: Less than one day investigation meeting. Respondent to pay applicant $500 contribution towards costs. |
| Result | Applications granted ; Compliance ordered ; Penalty ($1,000)(payable to applicant) ; Costs in favour of applicant ($500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Compliance Order |
| Statutes | ERA;ERA s132(2);ERA s136(2);ERA s137;ERA s149;ERA s149(4);ERA s151(2);ERA Second Schedule cl12 |
| Cases Cited | Xu v McIntosh [2004] 2 ERNZ 488 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Wellington_63.pdf [pdf 152 KB] |