| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 249 |
| Determination date | 25 July 2016 |
| Member | Robin Arthur |
| Representation | C Vasile (In person) ; M Ciganek |
| Location | Auckland |
| Parties | Vasile v Rollerflex Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement – PENALTY – Applicant sought penalty for respondent’s breach of settlement agreement |
| Abstract | AUTHORITY FOUND -;COMPLIANCE ORDER: Respondent’s financial position did not require order for different instalments from settlement agreement. Respondent did not establish that lower instalment amounts would be honoured. Respondent did not establish that funds could not be borrowed from other sources. Compliance ordered.;PENALTY: Respondent’s actions undermined statutory provisions for prompt and binding resolution of employment relationship problems. Respondent’s failure to pay money deliberate. Respondent took no steps to mitigate actual or potential adverse effects to applicant. $500 penalty appropriate. |
| Result | Applications granted ; Penalty ($500)(payable to applicant) ; Orders made ; No order for costs |
| Main Category | Compliance Order |
| Statutes | Companies Act 1993 s241(4)(a);ERA s133A;ERA s136(2);ERA s138(4A);ERA s138(6);ERA s140(6);ERA s141;ERA s149;ERA s149;ERA s149(4);ERA s151(2)(b)(ii) |
| Number of Pages | 4 |
| PDF File Link: | 2016_NZERA_Auckland_249.pdf [pdf 96 KB] |