| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 145 |
| Determination date | 20 May 2015 |
| Member | V Campbell |
| Representation | R Pullen (in person) ; J Morris |
| Parties | Pullen v Agrissentials NZ Ltd |
| Summary | PENALTY – Applicant sought penalty for respondent’s breach of settlement agreement (“SA”) – COUNTERCLAIM – RECOVERY OF MONIES – Respondent sought recovery of monies paid to applicant under SA – Whether applicant provided false information to ACC |
| Abstract | AUTHORITY FOUND –PENALTY: Respondent disclosed information about applicant’s ACC payments to ACC in breach of confidentiality provision of SA. Breach continuing due to nature of disclosure on ACC form and how many people would see it. $1,500 penalty appropriate.COUNTERCLAIM – RECOVERY OF MONIES: Claim related to ACC matters. No jurisdiction to consider claim. No recovery of monies. |
| Result | Application granted (penalty) ; Penalty ($1,500)($750)(payable to applicant)($750)(payable to Crown) ; Application dismissed (counterclaim-recovery of monies) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Penalty |
| Statutes | ERA s136(2);ERA s149;ERA s149(4) |
| Cases Cited | Tan v Yang [2014] NZEmpC 65 |
| Number of Pages | 4 |
| PDF File Link: | 2015_NZERA_Auckland_145.pdf [pdf 153 KB] |