| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 152 |
| Hearing date | 19-May-16 |
| Determination date | 20 May 2016 |
| Member | Rachel Larmer |
| Representation | A Ayton ; R Kelly |
| Location | Auckland |
| Parties | Lavelle v EB Franchise Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – PENALTY – Applicant sought penalty for breach of ROS |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER: Respondent failed to make payments on scheduled date and did not inform applicant. Compliance ordered. Not appropriate to order payment by instalments as respondent had money available and choosing not to pay applicant. Interest payable.;PENALTY: Need for deterrence. $500 penalty appropriate. |
| Result | Applications granted ; Orders made ; Interest (5%) ; Penalty ($500)(payable to applicant) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA s137(2);ERA s138(4A);ERA s149;ERA s149(4);Judicature Act 1908 |
| Cases Cited | Xu v McIntosh [2004] 2 ERNZ 448 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Auckland_152.pdf [pdf 161 KB] |