| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 25 |
| Hearing date | 9 Feb 2015 |
| Determination date | 02 March 2015 |
| Member | Christine Hickey |
| Representation | J Goldstein ; P Shaw |
| Parties | Tylee-Porter v The McLean Institute |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE - Respondent sought non-publication of financial details of arrangements with bank - COMPLIANCE ORDER - Applicant sought compliance with parties' settlement agreement (SA") - PENALTY - Applicant sought penalty for respondent's breach of SA" |
| Abstract | AUTHORITY FOUND -;COUNTERCLAIM - PRACTICE AND PROCEDURE: Authority ordered non-publication of details of SA not referred to in determination. No reason for overturning principle of open justice but also no reason to publish name of retirement village run by respondent. Authority ordered non-publication of retirement village's name and financial details of respondent's bank accounts except for details published in determination.;COMPLIANCE ORDER: Outstanding matters largely resolved. Leave reserved for applicant to return to Authority if issue of interest not resolved.;PENALTY: Respondent's breach of SA caused serious harm as applicant put under serious financial pressure. Respondent's breaches not technical or inadvertent. Respondent did not make reasonable efforts to pay applicant although some effort made after proceedings underway. Respondent did not seek any permission from bank to make payment of one amount owed. Respondent's breaches ongoing. Appropriate to order global penalty for all breaches. Important for parties to have confidence in enforceability of terms of agreed settlements. $3,000 penalty appropriate. |
| Result | Application granted (penalty) ; Penalty ($2,000)(payable to applicant)($1,000)(payable to Crown) ; Application partially granted (counterclaim - practice and procedure) ; Costs reserved |
| Main Category | Penalty |
| Statutes | ERA;ERA s137(1)(a)(iii);ERA s149;ERA s149(3);ERA s149(4);ERA Second Schedule cl10;ERA Second Schedule cl11;Judicature Act 1908 s87(3);Judicature (Prescribed Rate of Interest) Order 2011;McLean Institute Act 1909 |
| Cases Cited | Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 13 |
| PDF File Link: | 2015_NZERA_Christchurch_25.pdf [pdf 257 KB] |