| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 52 |
| Determination date | 23 February 2016 |
| Member | Tania Tetitaha |
| Representation | K Taurau ; S Bliss |
| Location | Auckland |
| Parties | Palmco Garden Ltd v Welch |
| Summary | PENALTY– Applicant sought penalty for breach of Record of Settlement (“ROS”) |
| Abstract | AUTHORITY FOUND –;PENALTY: ROS contained clause that third party would not make disparaging comments regarding applicant. Third party did not sign ROS. Respondent not responsible for third party’s actions. Applicant able to refile claim against third party. Prime facie evidence of breach for action for penalty so leave reserved for applicant to refile claim. |
| Result | Leave reserved to refile claim |
| Main Category | Penalty |
| Statutes | ERA s134(2);ERA s137(1)(a)(iii);ERA s149;ERA s149(4);ERA s151 |
| Cases Cited | Musa v Whangerei District Health Board [2010] NZEmpC 120;Tan v Yang [2014] NZEmpC 65, [2014] ERNZ 733;Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 3 |
| PDF File Link: | 2016_NZERA_Auckland_52.pdf [pdf 89 KB] |