| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 5 |
| Hearing date | 20 Jan 2015 |
| Determination date | 21 January 2015 |
| Member | Trish MacKinnon |
| Representation | M Harrop ; B Whyte |
| Location | Wellington |
| Parties | Chand v The Whyte Group Ltd |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with previous Authority consent determination - Failure to pay one required instalment and agreed contribution to applicant's legal fees - Whether respondent agreed to settlement based on misrepresentation by applicant in witness statement - COSTS - Applicant sought $2,080 indemnity costs |
| Abstract | AUTHORITY FOUND -;COMPLIANCE ORDER: Respondent did not enter settlement on basis of applicant's witness statement. Applicant's purported publishing of website occurred after parties agreed restraint of trade in applicant's employment agreement no longer effective. Difficult to understand respondent's dispute of quantum of legal fees. Compliance ordered.;COSTS: Length of investigation meeting not specified. Settlement between parties included provision for indemnification of legal costs incurred by one party in pursuing enforcement action for breach of settlement. Respondent to pay applicant $2,080 indemnity costs. |
| Result | Application granted ; Compliance ordered ; Costs in favour of applicant ($2,080.73) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Compliance Order |
| Statutes | ERA;ERA s137(1)(b) |
| Number of Pages | 5 |
| PDF File Link: | 2015_NZERA_Wellington_5.pdf [pdf 26 KB] |