Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2016] NZERA Auckland 180
Determination date 08 June 2016
Member Vicki Campbell
Representation K Fayen ; D Malyon
Location Auckland
Parties Hannington v DMI Homestagers Ltd
Summary COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – PENALTY – Applicant sought penalty for breach of ROS – COSTS – Applicant sought contribution towards costs
Abstract AUTHORITY FOUND -;COMPLIANCE ORDER: Applicant received only part payment from ROS. Respondent entered into ROS voluntarily with full knowledge of obligations. Compliance ordered.;PENALTY: Applicant deprived of money. Deterrence needed. $1,000 penalty appropriate.;COSTS: Applicant incurred costs for pursuing compliance. Respondent to pay applicant $200 contribution towards costs.
Result Applications granted ; Orders made ; Penalty ($1,000)(payable to Applicant) ; Costs in favour of applicant ($200) ; Disbursements in favour of applicant ($71.56)(filing fee)
Main Category Compliance Order
Statutes ERA s123(1)(c)(i);ERA s136;ERA s137(2);ERA s149;ERA s149(4);ERA s174E
Number of Pages 4
PDF File Link: 2016_NZERA_Auckland_180.pdf [pdf 154 KB]