| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 275/06 |
| Hearing date | 28 Aug 2006 |
| Determination date | 28 August 2006 |
| Member | L Robinson |
| Representation | B Sprong ; no appearance |
| Location | Auckland |
| Parties | Uelese & Uelese v Conference of Samoan Adventist Church |
| Summary | COMPLIANCE ORDER - Applicants sought compliance with record of settlement - Authority's file documented considerable difficulty in obtaining respondent's co-operation - Authority minute directed investigation meeting to proceed as consequence of respondent's failure to take any steps - No appearance by respondent - Authority satisfied respondent had not complied with record of settlement - No evidence of excuse or justification for failure - Compliance ordered - Interest 9 percent - Leave reserved for applicants to bring further application to Authority in event of continuing non-compliance - PENALTY - On balance of probabilities, case deserved penalty - Penalty necessary to encourage observance of objects of Employment Relations Act 2000 - COSTS - Length of investigation meeting not specified - Applicants sought full costs of $1,681 - Costs reasonable - Entirely appropriate applicants be reimbursed full costs |
| Result | Compliance ordered ; Interest (9%) ; Penalty ($2,000)($1,000 payable to Crown, $1,000 payable to applicants) ; Costs in favour of applicants ($1,681.25) |
| Statutes | ERA s136;ERA s149 |
| Number of Pages | 3 |
| PDF File Link: | aa 275_06.pdf [pdf 21 KB] |