| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 212/05 |
| Hearing date | 7 Jun 2005 |
| Determination date | 08 June 2005 |
| Member | J Scott |
| Representation | F Palma (in person) ; no appearance |
| Location | Auckland |
| Parties | Palma v Innovatory Technologies (NZ) Co Ltd (in receivership) |
| Summary | COMPLIANCE ORDER - JURISDICTION - No appearance for respondent - Application that respondent comply with settlement agreement which resolved personal grievance - Respondent had not paid four weeks' salary to applicant as agreed - Settlement not signed by mediator under s149 ERA so not enforceable under s151 ERA - Whether settlement agreement could be enforced as employment agreement pursuant to s137 ERA - Question currently before Employment Court - Jurisdiction not raised as issue in matter before Authority - Settlement purported to supersede all previous agreements - Authority took liberal view that it had jurisdiction - Respondent ordered to comply with settlement agreement immediately |
| Result | Application granted ; Compliance ordered ; Disbursements in favour of applicant ($70)(filing fee) |
| Statutes | ERA s137;ERA s137(1);ERA s149;ERA s151 |
| Cases Cited | Mason v Future Planning Ltd unreported, R Monaghan, 29 October 2004, AA 350/04 |
| Number of Pages | 2 |
| PDF File Link: | aa 212_05.pdf [pdf 10 KB] |