| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 97 |
| Hearing date | 12-08-16 |
| Determination date | 12 August 2016 |
| Member | Mike Loftus |
| Representation | K Colley; no appearance |
| Location | Palmerston North |
| Parties | Powell v Tricklebank Plumbing 2010 Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – PENALTY – Applicant sought penalty for breach of ROS – COSTS – Applicant sought indemnity costs - No appearance for respondent |
| Abstract | AUTHORITY FOUND –COMPLIANCE ORDER: Respondent failed to comply with obligations under ROS. Compliance ordered.PENALTY: Breach flagrant. Respondent ignored approaches from applicant and Authority regarding issue. $2,500 penalty appropriate.COSTS: Applicant should not have to bear costs of applicant as respondent should have complied with ROS that it entered into. Applicant told respondent of intention to seek indemnity costs if forced to go to Authority. Appropriate to award indemnity costs. Respondent to pay applicant $1,282 contribution to costs. |
| Result | Applications granted ; Orders made ; Penalty ($2,500)(payable to Crown) ; Costs in favour of applicant ($1,282.51) |
| Main Category | Compliance Order |
| Statutes | ERA s137(1)(a)(iii) ; ERA s139 ; ERA s140 ; ERA s149 ; ERA s149(4) ; Holidays Act 2003 ; Companies Act 1993 s192(1) |
| Cases Cited | Broeks v Ross EmpC Auckland AC36A/09, 11 November 2009 ; Denyer v Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre [2015] NZEmpC 41, (2015) 12 NZELR 685 |
| Number of Pages | 5 |
| PDF File Link: | 2016_NZERA_Wellington_97.pdf [pdf 96 KB] |