| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 27 |
| Hearing date | 20-Jan-16 |
| Determination date | 21 January 2016 |
| Member | Rachel Larmer |
| Representation | P Sandford ; K Usmar |
| Location | Rotorua |
| Parties | Lees Concrete Pumps Ltd v Monk |
| Summary | PENALTY - Applicant sought penalty for respondent’s breach of settlement agreement - Whether respondent breached confidentiality and non-disparagement clause - COSTS - Respondent sought contribution towards costs |
| Abstract | AUTHORITY FOUND -;PENALTY - Respondent failed to prove on balance of probabilities that applicant created and sent text message in question - No penalty;COSTS: Investigation meeting less than one day. Appropriate to apply notional daily tariff. Applicant to pay respondent $1,250 contribution towards costs. |
| Result | Application dismissed ; Costs in favour of respondent ($1,250) |
| Main Category | Penalty |
| Statutes | ERA s149 |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Auckland_27.pdf [pdf 157 KB] |