| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 54 |
| Hearing date | 10-Apr-17 |
| Determination date | 12 April 2017 |
| Member | P van Keulen |
| Representation | T Cleary ; no appearance |
| Location | Timaru |
| Parties | Silver Fern Farms Ltd v Norton |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – PENALTY – Applicant sought penalty for breach of ROS – COSTS – Applicant sought contribution to costs – No appearance for respondent |
| Abstract | AUTHORITY FOUND –COMPLIANCE ORDER: Respondent made comments disparaging of applicant and breached ROS. Compliance ordered.PENALTY: Breach blatant, deliberate and designed to cause harm to applicant. No quantifiable loss caused to applicant. Respondent trying to deal with ongoing issues. Need for deterrence. Unknown whether respondent able to pay penalty. $2,000 penalty payable.COSTS: Quarter day investigation meeting. Appropriate to uplift daily tariff to reflect extra work needed. Respondent to pay applicant $1,800 contribution to costs. |
| Result | Applications granted ; Orders made ; Penalty ($1,500)(payable to applicant)($500)(payable to Crown) ; Costs in favour of applicant ($1,800) ; Disbursements in favour of applicant ($71.56)(filing fee |
| Main Category | Compliance Order |
| Statutes | ERA s3 ; ERA s133A ; ERA s135(2)(a) ; ERA s137(2) ; ERA s149 ; ERA Second Schedule cl12 |
| Cases Cited | Borsboom v Preet Pvt Ltd [2016] NZEmpC 143 ; Lumsden v SkyCity Management Ltd [2017] NZEmpC 30 ; Wanaka Sun (2003) Ltd v Woodrow [2017] NZERA Christchurch 3 |
| Number of Pages | 8 |
| PDF File Link: | 2017_NZERA_Christchurch_54.pdf [pdf 164 KB] |