| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 28 |
| Hearing date | 2-Feb-17 |
| Determination date | 02 February 2017 |
| Member | R Larmer |
| Representation | C Mateer ; no appearance |
| Location | Auckland |
| Parties | Oka v Handyman Pro NZ Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – PENALTY – Applicant sought penalty for respondent’s breach of ROS - COSTS – Applicant sought contribution to costs - No appearance for respondent |
| Abstract | AUTHORITY FOUND –COMPLIANCE ORDER: Respondent failed to make payments required by ROS. Compliance ordered.PENALTY: Need for deterrence. Respondent made no attempt to comply with obligations under ROS and failed to engage with applicant. Breach deliberate and on-going. No credible demonstration of remorse. Applicant in somewhat vulnerable position. $2,000 penalty appropriate.COSTS: Appropriate to apply notional daily tariff. Respondent to pay applicant $375 contribution to costs. |
| Result | Applications granted ; Orders made ; Penalty ($1,500)(payable to applicant)($500)(payable to Crown) ; Costs in favour of applicant ($375) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Compliance Order |
| Statutes | ERA s149 ; ERA s149(4) |
| Cases Cited | Labour Inspector v Binde Enterprises Ltd [2016] NZERA Auckland 399 |
| Number of Pages | 8 |
| PDF File Link: | 2017_NZERA_Auckland_28.pdf [pdf 112 KB] |