| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 365/07 |
| Hearing date | 5 Nov 2007 |
| Determination date | 21 November 2007 |
| Member | M Urlich |
| Representation | L Campbell ; J Burley |
| Location | Auckland |
| Parties | Taylor v Mai Media Ltd |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with record of settlement and interest on outstanding amount - Respondent failed to pay agreed sum by agreed date - Payment made after present application lodged with Authority - No grounds to make compliance order - No sum for judgment given, so no basis upon which Authority could order interest - PENALTY - Respondent claimed failed to pay as expected funds unavailable and number of unexpected financial difficulties arose - Availability of funds not relevant to whether breach of agreement amounted to wilful breach - No evidence respondent took any steps to pay agreed sum, or explain to applicant why it would not be paid on time - Failures amounted to wilful breach of agreed terms - Penalty of $500 appropriate - COSTS - Less than one day investigation meeting - Applicant entitled to $1,000 contribution to costs |
| Result | Application dismissed (Compliance, Interest) ; Application granted (Penalty) ; Penalty ($500)(Payable to applicant) ; Costs in favour of applicant ($1,000) ; Disbursements ($70) |
| Main Category | Compliance Order |
| Statutes | ERA s149;ERA s149(3);ERA s149(4);ERA Second Schedule cl11 |
| Cases Cited | PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | aa 365_07.pdf [pdf 19 KB] |