| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 17 |
| Hearing date | 23-Mar-17 |
| Determination date | 23 March 2017 |
| Member | T MacKinnon |
| Representation | D Arneson (in person) ; H Lewis |
| Location | Wellington |
| Parties | Arneson v Actrix Networks Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – PENALTY – Applicant sought penalty for breach of ROS |
| Abstract | AUTHORITY FOUND –COMPLIANCE ORDER: Respondent failed to make monthly payments in accordance with ROS. Compliance ordered.PENALTY: One breach for penalty purposes. Breach serious and caused upset to applicant. Breach not deliberate. When respondent discovered breach, respondent apologised and began making payments in accordance with ROS. No penalty. |
| Result | Application granted (compliance order) ; Orders made ; Application dismissed (penalty) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA s135(2)(b) ; ERA s137(1)(a)(iii) ; ERA s137(1)(b) ; ERA s149 ; ERA s149(2)(b) ; ERA s149(4) ; ERA s151(1)(a) ; ERA s156 |
| Cases Cited | Borsboom v Preet Pvt Ltd [2016] NZEmpC 143 |
| Number of Pages | 6 |
| PDF File Link: | 2017_NZERA_Wellington_17.pdf [pdf 164 KB] |