| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 149/07 |
| Hearing date | 30 Oct 2007 |
| Determination date | 08 November 2007 |
| Member | D Asher |
| Representation | J Barlow (in person), J Carter (in person) ; N Harding |
| Location | New Plymouth |
| Parties | Barlow and Anor v Bushline Trust Partnership |
| Other Parties | Carter |
| Summary | COMPLIANCE ORDER - Applicants sought compliance with mediated settlement agreement - Respondent submitted monies now sought by applicants not provided for in original settlement - Settlement included term referring issue of outstanding “statutory holidays” and sick leave to Labour Inspector - Respondent objected to Inspector’s interpretation of “statutory holidays” to include annual leave and holiday pay - Submitted words in agreement referred only to public holidays - Other types of leave creatures of statute and calculation properly took those into account - Parties bound by plain meaning of words - In addition, respondent had failed to keep proper records during employment, unfair and inconsistent with good faith for it to take issue with Inspector’s best efforts using information available - Labour Inspector’s findings consistent with role and settlement agreement - Respondent ordered to comply - Interest 9 percent - Further damages not appropriate - Farm workers |
| Result | Compliance ordered ; Interest 9% ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s130;ERA s137;ERA s149;ERA s228;ERA s229;ERA Second Schedule cl11;Holidays Act 2003 s4;Holidays Act 2003 s81 |
| Cases Cited | Benchman Developments Limited v Robert Jones Pacific Limited [1994] 3 NZLR 189 |
| Number of Pages | 9 |
| PDF File Link: | wa 149_07.pdf [pdf 40 KB] |