| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 113 |
| Hearing date | 4 Nov 2014 |
| Determination date | 07 November 2014 |
| Member | M Ryan |
| Representation | P Wright ; no appearance |
| Location | New Plymouth |
| Parties | Kea Petroleum Holdings Ltd v McLeod |
| Summary | PENALTY - BREACH OF CONTRACT - Applicant sought penalty for respondent's breach of settlement agreement - Respondent agreed not to disparage or speak ill of applicant - Respondent's posts on Facebook included negative views of applicant - No appearance for respondent |
| Abstract | AUTHORITY FOUND -PENALTY - BREACH OF CONTRACT: Evidence demonstrated a pattern of breaches of settlement agreement. Breaches intentional and deliberate. $2,000 penalty appropriate. |
| Result | Application granted; Penalty ($2,000)(payable to Crown); Disbursements in favour of applicant ($71.56)(filing fee) ($387.50)(flights) ($80)(taxi and parking); No order for costs |
| Main Category | Penalty |
| Statutes | ERA s149;ERA s149(4) |
| Cases Cited | Xu v McIntosh [2004] ERNZ 488 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Wellington_113.pdf [pdf 247 KB] |