| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 3 |
| Hearing date | 20-Dec-16 |
| Determination date | 05 January 2017 |
| Member | D Appleton |
| Representation | N Heath ; RM Thompson |
| Location | Wanaka |
| Parties | Wanaka Sun (2003) Ltd v Woodrow |
| Summary | PENALTY – Applicant sought penalty for respondent’s breach of settlement agreement (“SA”) |
| Abstract | AUTHORITY FOUND –PENALTY: Order for non-publication of personal evidence of respondent. Respondent made potentially derogatory comment about applicant’s business. Comment amounted to criticism of applicant. Respondent breached SA. Breach of minimal severity. One-off comment to a single person during private conversation and not overheard by anyone. No harm or malice meant. Respondent admitted making comment. No damage done to applicant. No evidence of respondent’s ability to pay. $250 penalty appropriate. |
| Result | Application granted ; Penalty ($250)(payable to Crown) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Penalty |
| Statutes | ERA s135(2)(a) ; ERA s149 ; ERA s149(4) |
| Cases Cited | Borsboom v Preet Pvt Ltd [2016] NZEmpC 143 ; Radius Residential Care Ltd v New Zealand Nurses Organisation Inc [2016] NZEmpC 112 |
| Number of Pages | 7 |
| PDF File Link: | 2017_NZERA_Christchurch_3.pdf [pdf 114 KB] |