| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 181 |
| Hearing date | 28 May 2015 |
| Determination date | 22 June 2015 |
| Member | R Arthur |
| Representation | M Ward-Johnson ; Q (in person) |
| Location | Tauranga |
| Parties | P v Q |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with settlement agreement (“SA”) – PENALTY – Applicant sought penalty for respondent’s breaches of SA – COSTS – Parties sought contributions towards costs |
| Abstract | AUTHORITY FOUND –COMPLIANCE ORDER: No evidence that respondent entered into SA under duress or that there was insufficient consideration. Respondent breached obligations of confidentiality in SA. Compliance ordered.PENALTY: Respondent deliberately breached SA multiple times and showed no remorse. Breaches caused harm to applicant. Strong public interest in imposing penalty to deter other parties from breaching SAs. $6,000 penalty appropriate.COSTS: Two day investigation meeting. Respondent sought $25,900 contribution towards costs. Respondent unsuccessful so not entitled to costs. Applicant sought indemnity costs to cover full expenses due to respondent's deliberate breaches of SA. Applicant failed to provide evidence to support award of indemnity costs. Found appropriate to award uplift in daily tariff to reflect time and effort unnecessarily spent by applicant in responding to respondent’s attempts to relitigate matters covered in SA. Respondent to pay applicant $15,000 contribution towards costs. |
| Result | Applications granted ; Orders made ; Penalty ($6,000)(payable to Crown) ; Costs in favour of applicant ($15,000) |
| Main Category | Compliance Order |
| Statutes | ERA s133;ERA s137;ERA s138(6);ERA s140(6);ERA s149;ERA s149(3);ERA s149(4);ERA s157(1);ERA s174E;ERA Second Schedule cl10;Rules of Conduct and Client Care for Lawyers R13.7 ;;Crimes Act 1961;Local Government Official Information and Meetings Act 1987;New Zealand Bill of Rights 1990 s5;New Zealand Bill of Rights 1990 s6;New Zealand Bill of Rights 1990 s14 |
| Cases Cited | Denyer v Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre [2015] NZEmpC 41;P v Q [2015] NZERA Auckland 85;P v Q [2015] NZERA Auckland 104;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Tan v Yang [2014] NZEmpC 65;Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 20 |
| PDF File Link: | 2015_NZERA_Auckland_181.pdf [pdf 272 KB] |