| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 79 |
| Hearing date | 27-Mar-17 |
| Determination date | 24 May 2017 |
| Member | D Appleton |
| Representation | C Grant ; I Gilbert |
| Location | Christchurch |
| Parties | Mahieu v Gilbert & Associates Ltd |
| Summary | PENALTY - Applicant sought penalty for respondent’s breach of record of settlement (‘ROS’) - COSTS - Applicant sought contribution towards costs |
| Abstract | AUTHORITY FOUND -;PENALTY: Applicant failed to nominate bank account before payment by respondent was due. Respondent failed to explain reason for non-payment and engaged applicant in guessing game when respondent alleged non-specific breach. Payment 41 days after bank account nominated not reasonable delay. Respondent breached ROS. Breach lower end of severe. Penalty amount reduced for proportionality. $3,000 penalty appropriate.;COSTS: Applicant sought $5,085 contribution towards costs. One and a half hour investigation meeting. Appropriate to award costs for preparation of investigation meeting. Respondent to pay applicant $4,197 contribution towards costs. |
| Result | Application granted ; Penalty ($1,000)(payable to applicant)($2,000)(payable to crown) ; Costs in favour of applicant ($4,197.50) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Penalty |
| Statutes | ERA s13 ; ERA s136 ; ERA s136(2) ; ERA s149 ; ERA s149(1) ; ERA s149(3) ; ERA s149(4) ; ERA Second Schedule cl15 |
| Cases Cited | Borsboom v Preet PVT Ltd [2016] NZEmpC 143, (2016) 10 NZELC 79-072;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Tan v Yang [2014] NZEmpC 65, [2014] ERNZ 733 |
| Number of Pages | 16 |
| PDF File Link: | 2017_NZERA_Christchurch_79.pdf [pdf 70 KB] |