| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 31 |
| Determination date | 02 February 2017 |
| Member | E Robinson |
| Representation | N Koreneff ; C Wade, F Wade |
| Location | Auckland |
| Parties | Munroe v Cheviot Town Ltd t/a Settlers Tavern |
| Summary | COMPLIANCE ORDER - Applicant sought interest for late payment of record of settlement (“ROS”) sum - PRACTICE AND PROCUEDRE - Applicant sought to lift confidentially due to late payment- PENALTY - Applicant sought penalty for breach of ROS |
| Abstract | AUTHORITY FOUND -;COMPLIANCE ORDER: Respondent defaulted on settlement agreement by making late payment of monies. Appropriate to order interest from period when payment due to date it was paid.;PENALTY: Late payment arose in extraordinary circumstances due to armed robbery. Default remedied relatively quickly. No penalty.;PRACTICE AND PROCUEDRE: Confidentiality can only be lifted by consent of both parties. Application to lift confidentiality dismissed. |
| Result | Applications dismissed (penalty)(practice and procedure) ; Application granted (compliance order) ; Orders made ; Interest (5%) ; Costs to lie where they fall |
| Main Category | Compliance Order |
| Statutes | ERA s149(4) ; Judicature Act 1908 ; Judicature (Prescribed Rate of Interest) Order 2011 ; ERA Second Schedule cl11 |
| Cases Cited | Munroe v Cheviot Town Ltd [2016] NZERA Auckland 378 |
| Number of Pages | 3 |
| PDF File Link: | 2017_NZERA_Auckland_31_amended.pdf [pdf 17 KB] |