| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 162 |
| Hearing date | 9 Oct 2014 |
| Determination date | 17 October 2014 |
| Member | H Doyle |
| Representation | M McDonald ; W van Harselaar |
| Location | Dunedin |
| Parties | Wallace v Basketball Otago Inc |
| Summary | PENALTY – Applicant sought penalty for respondent’s breach of settlement agreement (“SA”) – Respondent required under SA to make payments to applicant, return laptop and mobile telephone, and provide applicant with reference – COSTS – Applicant sought contribution towards costs |
| Abstract | AUTHORITY FOUND –;PENALTY: Authority ordered non-publication of details of SA not referred to in determination. Respondent did not perform obligations under SA by required time. Applicant entitled to conclude respondent did not enter into SA in circumstances where respondent had no ability to meet obligations. Respondent’s failure to make payments to applicant on time flagrant as stemmed from deliberate decision to make payments regarded as more pressing. Breaches in respect of form of reference provided and delays in returning laptop more inadvertent. Breaches not ongoing and respondent’s obligations now satisfied. $2,000 penalty appropriate.;COSTS: Less than one day investigation meeting. Appropriate to increase notional daily tariff to reflect attempts to secure compliance with SA, work to prepare and lodge statement of problem, and attendance at Authority telephone conference. Respondent to pay applicant $1,000 contribution towards costs. |
| Result | Application granted ; Penalty ($2,000)(payable to applicant) ; Costs in favour of applicant ($1,000) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Penalty |
| Statutes | ERA s136(2);ERA s149;ERA s149(4) |
| Cases Cited | Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Christchurch_162.pdf [pdf 638 KB] |