| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 62/06 |
| Hearing date | 12 Apr 2006 |
| Determination date | 13 April 2006 |
| Member | G J Wood |
| Representation | TN Carr (in person) ; no appearance |
| Location | Wellington |
| Parties | Carr v Seator |
| Summary | PENALTY - Applicant sought penalty against respondent for breach of mediated settlement - No appearance by respondent - Parties had agreed respondent would pay applicant outstanding wages and holiday pay by instalments - Respondent failed to comply with settlement and subsequent compliance order issued by Authority - Applicant had not been paid any of sums owing - Clear breach of mediated settlement warranted imposition of penalty - Applicant submitted that any penalties should be paid to him - Mediated settlement represented what both parties considered fair at the time, unfair for one party to subsequently resile from agreement - Respondent's failure to pay resulted in applicant having to borrow money and take time off work to pursue payment - Applicant entitled to one half of any penalty - No apparent reason why respondent would be unable to pay penalty - Apparent flagrant breach of mediated settlement warranted penalty of $600 - COSTS - Applicant entitled to be reimbursed $200 for expenses of bringing claim |
| Result | Application granted ; Penalty ($600)($300 to Crown, $300 to applicant) ; Disbursements in favour of applicant ($200) |
| Statutes | ERA s149(4) |
| Number of Pages | 3 |
| PDF File Link: | wa 62_06.pdf [pdf 13 KB] |