| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 417 |
| Determination date | 10 October 2014 |
| Member | T G Tetitaha |
| Representation | D Vinnicombe ; B Malhotra |
| Parties | Cantwell v Cacao Ltd t/a Teobroma Chocolate Lounge |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement (“SA”) – Respondent required by SA to pay $3,000 to applicant’s representative by instalments – PENALTY – Applicant sought penalty for respondent’s breach of good faith – COSTS – Applicant sought $300 contribution towards costs |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER: No power for Authority to hold compliance order in abeyance or make order without any timeframe for payment. Partial payment made by respondent. Compliance ordered.;PENALTY: No application for breach of good faith or evidence justifying imposition of penalty. No penalty.;COSTS: No investigation meeting. Applicant’s claim for contribution less than notional daily tariff. Respondent to pay applicant $300 contribution towards costs. |
| Result | Application granted (compliance order) ; Compliance ordered ; Costs in favour of applicant ($300) ; Disbursements in favour of applicant ($71.56)(filing fee) ; Application dismissed (penalty) |
| Main Category | Compliance Order |
| Statutes | ERA;ERA s4;ERA s4A;ERA s137;ERA s137(3);ERA s149;ERA s149(2);ERA s149(3) |
| Number of Pages | 4 |
| PDF File Link: | 2014_NZERA_Auckland_417.pdf [pdf 955 KB] |