| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 263 |
| Hearing date | 3/08/2016 |
| Determination date | 03 August 2016 |
| Member | Vicki Campbell |
| Representation | A Moghadam; G Bennett; A Brown |
| Location | Auckland |
| Parties | Fleming v Magma Rock 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: Parties did not conclude on possibility of payment schedule. Respondent’s purported variation falls outside ambit of Authority. No legal grounds for payment under ROS not to be paid. No evidence respondent’s financial position unable to pay. Compliance ordered. Interest payable.;PENALTY: Applicant disadvantaged by lack of payment. Deterrence needed. $1,500 penalty appropriate. |
| Result | Applications granted ; Interest (5%) ; Penalty ($1,500)(payable to applicant) ; Orders made ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s135(2);ERA s136(2);ERA s137(1);ERA s137(1)(a)(iii);ERA s149;ERA s149(3);ERA s149(4);ERA s151(1)(a);ERA s174E;ERA Second Schedule cl11;Judicature Act 1908 s87(3) |
| Number of Pages | 6 |
| PDF File Link: | 2016_NZERA_Auckland_263.pdf [pdf 100 KB] |