| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 101 |
| Determination date | 20 October 2015 |
| Member | Trish MacKinnon |
| Representation | S Doolan ; K Gill |
| Location | Wellington |
| Parties | Bidvest New Zealand Ltd v Vivian |
| Summary | COMPLIANCE ORDER – Applicant sought compliance order for respondent’s breach of settlement agreement (“SA”) – PENALTY – Applicant sought penalty for respondent’s breach of SA |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER: Respondent breached SA by implying that he received large sum of money. Compliance ordered.;PENALTY: Important that parties to SAs able to rely on mutually given undertakings of confidentiality. Need for deterrence for others from such behaviour. $3,000 penalty appropriate. |
| Result | Applications granted ; Orders made ; Penalty ($3,000)(payable to applicant) ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s137(1)(a)(ii);ERA s149(4);ERA s166B;ERA s174D(2);ERA s174D(3) |
| Cases Cited | Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Wellington_101.pdf [pdf 154 KB] |