Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No [2015] NZERA Wellington 103
Determination date 22 October 2015
Member Trish MacKinnon
Representation Q Haines ; C Stuart
Location Wellington
Parties Taylor v First Aid Specialists Ltd
Summary COMPLIANCE ORDER – Applicant sought compliance with settlement agreement (“SA”) – PENALTY – Applicant sought penalty for breach of SA
Abstract AUTHORITY FOUND –;COMPLIANCE ORDER: Respondent breached SA by failing to pay agreed monies. Compliance ordered.;PENALTY: Director of respondent seemed to lack awareness of impact of breach on applicant. Applicant suffered inconvenience from not receiving agreed monies and having to obtain legal representation to settle matter. $500 penalty appropriate.
Result Applications granted ; Orders made ; Penalty ($500)(payable to applicant) ; Costs reserved
Main Category Compliance Order
Statutes ERA s149(3);ERA s149(4);Contractual Remedies Act 1979 s7
Cases Cited Xu v McIntosh [2004] 2 ERNZ 448 (EmpC)
Number of Pages 4
PDF File Link: 2015_NZERA_Wellington_103.pdf [pdf 192 KB]