| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 310 |
| Determination date | 02 October 2015 |
| Member | Robin Arthur |
| Representation | B Davis (in person) ; J Deo |
| Location | Auckland |
| Parties | Davis v Payless Print Ltd |
| Summary | PENALTY – Applicant sought penalty for respondent’s breach of settlement agreement |
| Abstract | AUTHORITY FOUND –PENALTY: Respondent had adequate opportunity to respond and be involved, but did not. Respondent had not paid outstanding wages and holiday pay owed to applicant. Applicant denied use of money entitled to under terms of settled agreement. Breach deliberate. Respondent showed no remorse. Deterrence necessary. $2,000 penalty appropriate. |
| Result | Application granted ; Penalty ($2,000)(payable to applicant) ; No order for costs |
| Main Category | Penalty |
| Statutes | ERA s133;ERA s135(2)(b);ERA s136(2);ERA s149;ERA s174D |
| Cases Cited | Davis v Payless Print Ltd [2015] NZERA Auckland 277;Xu v McIntosh [2004] 2 ERNZ 448 (EmpC);Tan v Yang [2014] NZEmpC 65, [2014] ERNZ 733 |
| Number of Pages | 4 |
| PDF File Link: | 2015_NZERA_Auckland_310.pdf [pdf 97 KB] |