| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 79 |
| Hearing date | 22-Aug-17 |
| Determination date | 23 August 2017 |
| Member | M Loftus |
| Representation | N Papera (in person) ; J Evans |
| Location | Wellington |
| Parties | Papera v Deluxe Cleaning Services Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to act in good faith and maintain safe work place by not protecting him from bullying – PENALTY – Applicant sought penalty for respondent’s breach of record of settlement (“ROS”) – COSTS – Respondent sought contribution towards costs – Cleaner |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Applicant initially sought to rely on events prior to and settled under the ROS. Insufficient supporting evidence of bullying after settlement entered into. No unjustified disadvantage. PENALTY: Applicant claimed respondent breached three terms of ROS. No credible evidence of alleged breaches. No penalty. COSTS: Less than one day investigation meeting. Appropriate to apply notional daily tariff in absence of contrary argument or objections from applicant. Applicant to pay respondent $1,000 contribution towards costs. |
| Result | Applications dismissed ; Costs in favour of respondent ($1,000) |
| Main Category | Breach of Settlement Agreement |
| Statutes | ERA s149 |
| Cases Cited | Fagotti v Acme & Co Ltd [2015] NZEmpC 135;PBO Ltd (Formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC) |
| Number of Pages | 6 |
| PDF File Link: | 2017_NZERA_Wellington_79.pdf [pdf 155 KB] |