| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 87 |
| Hearing date | 27-Mar-17 |
| Determination date | 28 March 2017 |
| Member | R Larmer |
| Representation | S Jahan (in person) ; N Sharma |
| Location | Auckland |
| Parties | Jahan v Auto Repairs and Compliance Ltd |
| Summary | PENALTY – Applicant sought penalty for breach of Records of Settlement (“ROS”) |
| Abstract | AUTHORITY FOUND –PENALTY: Respondents breached both ROS. Two breaches. Breaches at lower end of scale. Breaches had adverse impact on employee. Respondent breached both ROS only days after entering into them. Respondent did try to repay money. Respondent financially able to pay penalty. $1,000 penalty appropriate. |
| Result | Application granted ; Penalty ($1,000)(payable to applicant) ; Interest (5%) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Penalty |
| Cases Cited | Borsboom v Preet Pvt Ltd [2016] NZEmpC 143 |
| Number of Pages | 6 |
| PDF File Link: | 2017_NZERA_Auckland_87_amended.pdf [pdf 178 KB] |