| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 485 |
| Hearing date | 11 Jul 2014 |
| Determination date | 27 November 2014 |
| Member | R Arthur |
| Representation | D Gelb ; N Tabb |
| Parties | Cumming-Steward v Twenty Five Station Ltd t/a Law Debt Collection |
| Summary | COUNTERCLAIM – PENALTY – Respondent sought penalty for applicant’s breach of parties’ settlement agreement (“SA”) – Whether applicant breached requirement to keep terms of SA confidential – COMPLIANCE ORDER – PENALTY – Applicant sought compliance with parties’ SA and penalty for respondent’s breach of SA – Failure to pay instalment due under SA |
| Abstract | AUTHORITY FOUND –;COUNTERCLAIM – PENALTY: Applicant told third party (“H”) that had won case against respondent and revealed settlement amount. Disclosure spontaneous rather than deliberate but breached SA. No reliable evidence of harm to respondent’s business. Applicant’s action not repeated. Important to deter others from breaching SAs. $750 penalty appropriate.;COMPLIANCE ORDER – PENALTY: Respondent’s actions followed applicant’s breach of confidentiality and substantial merits of case did not warrant imposition of penalty on respondent. No penalty. Final instalment remained payable to applicant but respondent entitled to deduct penalty amount from value of instalment. Value of final instalment held in solicitor’s trust account not to be disbursed until determination of costs. |
| Result | Application granted (counterclaim – penalty) ; Penalty ($750)(payable to respondent) ; Orders made ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s133(1)(b);ERA s136(2);ERA s149;ERA s149(4);ERA s174 |
| Cases Cited | Associated Insulation Materials Ltd v Wileman unreported, R Arthur, 23 May 2008, AA188/08;Auckland City Couriers Ltd v Priest [2012] NZERA Auckland 225;J C Contracting (NZ) Ltd v Smart [2013] NZERA Christchurch 101;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Tic-Tac-Toe Educare Ltd v Thomas [2013] NZERA Auckland 475;Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Auckland_485.pdf [pdf 318 KB] |