| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 123 |
| Determination date | 21 August 2015 |
| Member | Helen Doyle |
| Representation | Luke Acland ; Maree Kirk |
| Location | Christchurch |
| Parties | McIntyre v TTR Automotive Ltd t/a Pit Stop Nelson |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with settlement agreement (“SA”) – PENALTY – Applicant sought penalty for respondent’s breach of SA - COUNTERCLAIM - PENALTY – Respondent sought penalty for applicant’s breach of confidentiality provisions in SA |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER: Order for non-publication of terms of SA not referred to in determination. Respondent failed to comply with SA regarding payment of money and supporting applicant to get accreditation. Compliance ordered.;PENALTY: Respondent made deliberate decision to breach SA. Applicant suffered harm from breach of SA. $500 penalty appropriate.;COUNTERCLAIM – PENALTY: Applicant told other employee vague details of SA, sufficient for employee to make conclusions about SA. Applicant breached confidentiality provisions of SA. Breach not premeditated but necessary to have confidence in SAs and their enforceability. $1,000 penalty appropriate. |
| Result | Applications granted ; Orders made ; Penalty ($500)(payable to applicant) ; Penalty ($1,000)(payable to respondent) ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s136(2);ERA s138;ERA s149;ERA s149(1);ERA s149(3);ERA s149(4);Contractual Remedies Act 1979 s7 |
| Cases Cited | Cumming-Steward v Twenty Five Station Ltd t/a Law Debt Collection [2014] NZERA Auckland 485;Henry v The Warehouse Ltd [2011] NZERA Christchurch 100;Tic-Tac-Toe Educare Ltd v Thomas [2013] NZERA Auckland 475;Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 4 |
| PDF File Link: | 2015_NZERA_Christchurch_123.pdf [pdf 92 KB] |