| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 133/04 |
| Hearing date | 27 Sep 2004 |
| Determination date | 07 October 2004 |
| Member | D Asher |
| Representation | P Wallace, M Bale ; N Walker (in person) |
| Location | Wellington |
| Parties | Len Reid Oils Ltd v Walker |
| Summary | COMPLIANCE ORDER - Settlement of employment relationship problem required respondent to refrain from making disparaging remarks about applicant or repeating specific allegation - Alleged failure to comply with settlement - Evidence showed clear breach - Respondent ordered to comply with terms of settlement - Applicant's claims of financial loss resulting from respondent's comments not supported by evidence - Exemplary damages not justified - Liquidated damages specified in original settlement not genuine pre-estimate of damages in event of breach rather attempt to compel performance by holding threat over respondent's head - Liquidated damages not recoverable as amounted to penalty |
| Result | Compliance order granted ; Costs reserved |
| Statutes | ERA s140 |
| Cases Cited | Ozturk v Hamit Gultekin t/a Halikarnas Restaurant unreported, Goddard CJ, 11 June 2004, WC 6/04 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |