| Restrictions |
OK |
| Jurisdiction |
Employment Relations Authority - Auckland |
| Reference No |
[2018] NZERA Auckland 383 |
| Hearing date |
29 November 2018 (telephone) |
| Determination date |
30 November 2018 |
| Member |
Robin Arthur
|
| Representation |
Marija Urlich, Counsel for the Applicant
Gary Tayler, Advocate for the Respondent
|
| Location |
Auckland |
| Parties |
LABOUR INSPECTOR
v
VISHNU HOSPITALITY LIMITED
|
| Summary |
OMPLIANCE ORDER – Applicant sought order requiring respondent to comply with Record of Settlement (“ROS”) – Respondent unilaterally altered the instalments by deducting a high secondary tax rate from the sums before payment – Respondent breached terms of ROS thereby triggering default term requiring immediate payment of the balance of funds due – Compliance ordered – Respondent to pay balance due and owing
PENALTY – Applicant sought penalty for respondent’s breach of ROS – Deliberate breach of instalment terms seriously undermined integrity of the agreement – Deterrence necessitated imposition of a penalty – $2,000 penalty appropriate
COSTS – Applicant sought contribution towards costs and reimbursement of filing fee – Respondent to pay applicant $750 contribution towards costs
|
| Main Category |
Compliance Order |
| Number of Pages |
7 |
| PDF File Link: |
2018 NZERA Auckland 383 [pdf 154 KB] |