| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 88/06 |
| Hearing date | 24 Mar 2006 |
| Determination date | 27 March 2006 |
| Member | Y S Oldfield |
| Representation | J Coyle ; W McCormick (in person) |
| Location | Auckland |
| Parties | Singh v MFG Holdings Ltd t/a Blackies Bar & Restaurant and Anor |
| Other Parties | McCormick |
| Summary | COMPLIANCE ORDER - Application for compliance with mediated settlement - Parties' mediated settlement provided that respondent would pay applicant $3,450 within 14 days and $1,000 as contribution to legal costs - Over past year applicant had approached respondent for payment unsuccessfully - Respondent's director gave Authority undertaking he would make sure mediated terms met by certain date - Respondent ordered to comply with mediated settlement with interest from date of settlement - PENALTY - Well established that mediated terms of settlement were to be treated as employment agreements - Respondent's director's account of financial difficulties weighed against fact director did not even attempt to discuss matter of payment while in business over past year - Important that Authority sent clear signal that mediated terms of settlement had to be honoured - Small penalties against respondent and respondent's director appropriate - COSTS - Applicant incurred costs of $550 - Respondent ordered to meet applicant's costs in full |
| Result | Application granted ; Compliance ordered ; Interest (8.5%) ; Penalty ($500)(against respondent in favour of Crown) ; Penalty ($500)(against respondent's director in favour of Crown) |
| Statutes | ERA s134;ERA s134(1);ERA s134(2);ERA s136 |
| Number of Pages | 3 |
| PDF File Link: | aa 88_06.pdf [pdf 14 KB] |