| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 315 |
| Hearing date | 14-Sep-16 |
| Determination date | 14 September 2016 |
| Member | T Tetitaha |
| Representation | K Taurau ; S Bliss |
| Location | Auckland |
| Parties | Palmco Garden Ltd v Welch and Anor |
| Other Parties | Welch |
| Summary | PENALTY - Applicant sought penalty for respondent’s breach of settlement agreement – Whether ex-employee’s partner made disparaging remarks about applicant to third party |
| Abstract | AUTHORITY FOUND -PENALTY: Ex-employee unaware of partner’s conversation with third party and did not breach settlement agreement. Partner told third party that ex-employee laid off by applicant for no reason. Partner breached settlement agreement by making disparaging comment about applicant. Breach a one-off and inadvertent. No pre-determined motive. Some comments were truth and in public domain. Deterrence best served by publication of decision. No penalty. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Penalty |
| Statutes | ERA s134(2) - ERA s135(4) - ERA s140 |
| Cases Cited | Musa v Whanganui District Health Board [2010] NZEmpC 120, [2010] ERNZ 236 |
| Number of Pages | 8 |
| PDF File Link: | 2016_NZERA_Auckland_315.pdf [pdf 163 KB] |