| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 29 |
| Determination date | 02 March 2015 |
| Member | Christine Hickey |
| Representation | D Hudson ; R Beentjes |
| Parties | Jacks Hardware and Timber Ltd t/a Mitre 10 Mega (Mosgiel and Dunedin) v Beentjes |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with parties' settlement agreement (SA") - Obligation not to speak ill of other party - Derogatory text - RECOVERY OF MONIES - Applicant sought recovery of money paid to respondent under SA - PENALTY - Applicant sought penalty for respondent's breach of SA" |
| Abstract | AUTHORITY FOUND -;COMPLIANCE ORDER: Respondent sent texts to staff member of applicant at least one of which spoke ill of applicant's director. Texts referred to events leading up to situation that led to SA in very negative terms and amounted to speaking ill of applicant. Respondent did not attempt to raise with applicant matters settled by SA. Respondent did not breach clause stating SA in full and final settlement of all matters between parties arising from employment relationship. Compliance ordered.;RECOVERY OF MONIES: Applicant's desire for respondent to cease breaching SA met by making of compliance order. Order for respondent to repay money paid under SA would render SA void. No recovery of monies.;PENALTY: Serious harm caused by respondent's breaches in the form of further legal proceedings and worry of impact on staff member who received texts from respondent. Respondent's breaches not inadvertent and continued after proceedings commenced. Breaches flagrant, deliberate and ongoing. Importance for parties to have confidence in enforceability of terms of agreed settlements. Global penalty appropriate. $2,500 penalty appropriate. |
| Result | Applications granted (compliance order)(penalty) ; Compliance ordered ; Penalty ($1,500)(payable to applicant)($1,000)(payable to Crown) ; Application dismissed (recovery of monies) ; Costs reserved |
| Main Category | Penalty |
| Statutes | ERA;ERA s136(2);ERA s149;ERA s149(3);ERA s149(4) |
| Cases Cited | Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Christchurch_29.pdf [pdf 161 KB] |