| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 117 |
| Hearing date | 27-Nov-17 |
| Determination date | 27 November 2017 |
| Member | M Loftus |
| Representation | B Laracy ; no appearance |
| Location | Wellington |
| Parties | Krauskopf v Groundup Caf� Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with Record of settlement (“ROS”) – PENALTY – Applicant sought penalty for respondent’s failure to comply – No appearance for respondent |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER: Respondent failed to make payments required by ROS. Compliance ordered. PENALTY: Respondent did not provide statement of reply or attend investigation meeting. Flagrant breach warranted imposition of penalty. $2,500 penalty appropriate. PENALTY: Respondent did not provide statement of reply or attend investigation meeting. Flagrant breach warranted imposition of penalty. $2,500 penalty appropriate. COSTS: Successful personal grievance claim. Length of investigation meeting not specified. Applicant sought indemnity costs. Respondent’s conduct caused applicant to incur unreasonable and unnecessary costs. Authority found appropriate to award costs on indemnity basis. Respondent to pay applicant $1,407 as contribution towards costs. |
| Result | Application granted ; Orders made ; Interest payable (5%) ; Penalty ($2,500) ; Costs in favour of applicant ($1,407) |
| Main Category | Compliance Order |
| Statutes | Companies Act 1993 s192(1);ERA s137(1)(a)(iii);ERA s139;ERA s140;ERA s140(4);ERA s149;Judicature (Prescribed Rate of Interest) Order 2011, cl4 |
| Cases Cited | Boorsboom v Preet PVT Ltd [2016] NZEmpC 143;Bradbury v Westpac Banking Corporation [2009] 3 NZLR 400 (CA);Broeks v Ross EmpC Auckland AC36A/09, 11 November 2009;Denyer v Peter Reynolds Mechanical Ltd t/a The Italian Job Service Centre [2015] NZEmpC 41;Fagotti v Acme & Co Ltd [2015] NZEmpC 135 |
| Number of Pages | 4 |
| PDF File Link: | 2017_NZERA_Wellington_117.pdf [pdf 100 KB] |