| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 131 |
| Hearing date | 13-Dec-17 |
| Determination date | 13 December 2017 |
| Member | M Loftus |
| Representation | T Hesketh ; no appearance |
| Location | Palmerston North |
| Parties | Maddock v Lee European Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with Record of Settlement (“ROS”) – PENALTY – Applicant sought penalty for respondent’s failure to comply with ROS – COSTS – Applicant sought contribution towards costs – No appearance for respondent |
| Abstract | AUTHORITY FOUND –COMPLIANCE ORDER: Respondent failed to make payments required by ROS following mediation. Compliance ordered.PENALTY: Respondent did not engage with Authority or applicant and made no attempt to address failures. Flagrant breach warrants imposition of penalty. $1,500 penalty appropriate.COSTS: Length of investigation meeting not specified. Appropriate to award indemnity costs for unreasonable and unnecessary costs incurred by applicant. Respondent to pay applicant $795 contribution towards costs. |
| Result | Application granted ; Orders made ; Interest payable (5%) ; Penalty ($1,500)(payable to Crown) ; Costs in favour of applicant ($795 ) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Compliance Order |
| Statutes | Companies Act 1993 s192(1);EAR note 2 Form 8;ERA s139;ERA s140;ERA s149;ERA s149(4);Judicature (Prescribed Rate of Interest) Order 2011 |
| Cases Cited | Boorsboom (Labour Inspector) v Preet PVT Ltd and Warrington Discount Tabacco Ltd [2016] NZEmpC 143, (2016) 10 NZELC 79-072;Bradbury v Westpac Banking Corporation [2009] NZCA 234, [2009] 3 NZLR 400;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, (2015) 10 NZELC 79-052;Fagotti v Acme & Co Ltd [2015] NZEmpC 135, (2015) NZELR 1 |
| Number of Pages | 4 |
| PDF File Link: | 2017_NZERA_Wellington_131.pdf [pdf 99 KB] |