| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 24/07 |
| Hearing date | 17 Dec 2006 |
| Determination date | 01 February 2007 |
| Member | L Robinson |
| Representation | N Dines & P Muir v A Kashyap |
| Location | Auckland |
| Parties | Douglas v Hames Sharley International Ltd |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with record of settlement - Authority satisfied respondent failed to comply - Applicant's calculation of sum outstanding accepted - Compliance ordered - Interest awarded on outstanding sum - PENALTY - Respondent deliberately withheld payment - Not entitled to impose conditions on performance of record of settlement - No justification for failure to provide reference - Respondent's correspondence aimed at frustrating performance - Wilfully breached settlement - Penalty warranted - BREACH OF CONTRACT - Applicant also sought damages for non-economic loss - Not appropriate to deal with claim on papers alone - Counsel to confirm appropriate arrangements with Authority |
| Result | Compliance ordered ; Interest (9%) ; Application granted (Penalty) ; Penalty ($3,000)($1,000 payable to Crown)($2,000 payable to applicant) ; Application reserved (Breach of Contract) ; Orders accordingly ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s149 |
| Number of Pages | 6 |
| PDF File Link: | aa 24_07.pdf [pdf 33 KB] |