| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 378/07 |
| Determination date | 03 December 2007 |
| Member | V Campbell |
| Representation | D Ure ; S Hobbs |
| Location | Auckland |
| Parties | Clark v Sal's Trading Company Ltd |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with mediated record of settlement - Respondent claimed settlement signed under duress and asked for matter to be referred back to mediation - Record of settlement could not be cancelled - Compliance ordered - Missed instalments to be paid to applicant as lump sum - Authority not satisfied would be just to award interest on outstanding amount - PENALTY - Respondent claimed payments not made as not in financial position to do so - Availability of funds not relevant to whether breach of settlement wilful - No evidence respondent took steps to comply with record of settlement or explain to applicant why payments would not be made as agreed - Failures amounted to wilful breach of agreed terms - Penalty appropriate - COSTS - Applicant entitled to contribution to costs |
| Result | Compliance ordered ; Penalty ($500)(Payable to applicant) ; Costs in favour of applicant ($250) ; Disbursements ($70)(Filing fee) |
| Main Category | Compliance Order |
| Statutes | ERA s149;ERA s149(3);ERA s149(4);ERA Second Schedule cl11 |
| Cases Cited | McRae v The $2 Shop Ltd unreported, L Robinson, 2 July 2007, AA 132A/07 |
| Number of Pages | 3 |
| PDF File Link: | aa 378_07.pdf [pdf 19 KB] |