| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 110 |
| Hearing date | 05-Oct-15 |
| Determination date | 11 November 2015 |
| Member | M B Loftus |
| Representation | P Mitchell ; R McIlraith |
| Location | Wellington |
| Parties | Naftel v IBM New Zealand Ltd |
| Summary | PENALTY - Applicant sought penalty for respondent’s late payment of settlement agreement fee |
| Abstract | AUTHORITY FOUND -PENALTY: Late payment caused by administrative oversight by respondent’s lawyers. Difficult to impose penalty on party not responsible for breach. Arguable that no breach occurred. No penalty. |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Penalty |
| Statutes | ERA s149 |
| Cases Cited | Northern Drivers IUOW v Walling Ltd [1972] BA 921;Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 5 |
| PDF File Link: | 2015_NZERA_Wellington_110.pdf [pdf 144 KB] |