| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 350/04 |
| Hearing date | 24 Sep 2004 - 29 Oct 2004 (2 days) |
| Determination date | 29 October 2004 |
| Member | R A Monaghan |
| Representation | J Mason (in person) ; L Campbell |
| Location | Auckland |
| Parties | Mason v Future Planning Ltd |
| Summary | COMPLIANCE ORDER - Parties agreed to employment relationship ending and entered into settlement agreement - Agreement provided for payment of commissions - Applicant sought compliance with agreement since amount not paid - Respondent alleged Authority had no jurisdiction to make order since agreement not employment agreement - Probably correct to say s151 Employment Relations Act 2000 did not apply since not mediated settlement - Went too far to say s137 ERA not available - Counties Manukau Health v Pack (cited below) distinguished - Applicant always had right to commission payments - Respondent had no right to deprive applicant of right to payment without express agreement supported by consideration - Entitlement of payment of commission entitlement under employment agreement - Recovery of money available by compliance order - Compliance ordered within seven days date determination - Interest 6.75 percent from specified date - Entituling amended to properly identify respondent |
| Result | Compliance ordered ; Interest (7 percent) ; Costs reserved |
| Statutes | ERA s131;ERA s149;ERA s151 |
| Cases Cited | Counties Manukau Health Ltd t/a South Auckland Health v Pack [2000] ERNZ 518 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |