| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 165/04 |
| Hearing date | 24 Nov 2004 |
| Determination date | 29 November 2004 |
| Member | P R Stapp |
| Representation | L Campbell ; no appearance |
| Location | New Plymouth |
| Parties | Tanner v Middle Eastern Food 2001 Ltd |
| Summary | COMPLIANCE ORDER - Application for enforcement of mediated settlement - No appearance for respondent - Authority told respondent's director in hospital - Not satisfied was good cause for respondent's non-appearance - Respondent director's presence in proceeding not critical - Settlement enforceable without need for any proof of agreement being required - Not persuaded issues raised by respondent sufficient to prevent enforcement of agreement - Respondent attempted to raise number of matters that took place in mediation - Financial information given by respondent incomplete - Appropriate to make compliance order - Compliance by specified date ordered - Order made, with applicant's consent, prohibiting publication of terms of settlement in record of settlement - COSTS - Applicant alleged $1,500 reasonably incurred costs - $1,000 contribution plus filing fee appropriate |
| Result | Compliance ordered ; Orders accordingly ; Costs in favour of applicant ($1,000) ; Disbursements ($70) |
| Statutes | ERA s137(1)(a)(iii);ERA s138(6);ERA s140;ERA s141;ERA s149;ERA s151 |
| Cases Cited | Munro v Village Care New Plymouth Ltd t/a Highlands Lodge and Anor [2004] 2 ERNZ 40;Shepherd v Glenview Electrical Services Ltd [2004] 2 ERNZ 118 |
| Number of Pages | 5 |
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